pc_12 17 1998I.
II.
LITTLE ROCK PLANNING COMMISSION
PLANNING AND REZONING HEARING
MINUTE RECORD
DECEMBER 17, 1998
4:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
Members Present:
Members Absent:
City Attorney:
Craig Berry
Herb Hawn
Bill Putnam
Rohn Muse
Bob Lowry
Judith Faust
Hugh Earnest
Richard Downing
Mizan Rahman
Pam Adcock
Obray Nunnley, Jr.
Steve Giles
LITTLE ROCK PLANNING COMMISSION
REZONING AND PLANNING HEARING
AGENDA
DECEMBER 17, 1998
4:00 P.M.
I. DEFERRED ITEM:
A. LU98-04-01 A Land Use Plan Amendment in the Heights
Hillcrest Planning District at the SE
corner of the intersection of Kavanaugh
Boulevard and Cedar Street from
Multifamily to Mixed Use and the SW corner
of Woodlawn and Kavanaugh Boulevard and
the NW corner of the intersection of
Kavanaugh Boulevard and Cedar Street from
Multifamily and Park Open Space to Public
Institutional.
B. Z-6589 Telecorp Two Tower Road - Tower Use Permit
II. PLAN ISSUES•
1. LU98-01-01
A Land Use Plan in the River Mountain
Planning District at the northwest corner
of Taylor Loop Road and Westchester Court
from Single Family to Suburban Office.
2. LU98-02-04
A Land Use Plan in the Rodney Parham
Planning District on the south side of
Markham from Westbrook Circle to Burnside
from Single Family to Suburban Office.
3. LU98-04-02
A Land Use Plan in the Heights Hillcrest
Planning District at the southeast corner
of University Avenue and Cantrell Road
from Low Density Residential to Suburban
Office.
4. LU98-07-03
A Land Use Plan in the I-30 Planning
District at 1401 East 9th Street from
Industrial to Office.
5. LU98-11-04
A Land Use Plan in the I-430 Planning
District at 9414 Colonel Glenn Road from
Single Family to Office.
6. LU98-15-04
A Land Use Plan in the Geyer Springs West
Planning District at 8621 Baseline Road
from Community Shopping to Multi -Family.
III. REZONING ITEMS:
7. Z-6590
8. Z-6595
9. Z-6596
10. Z-6597
11. Z-6599
1401 East 9th Street
Adjacent to 10923 I-30,
north of Sibley Hole Road
1509 Green Mountain Drive
8621 Baseline Road
NE corner of Stagecoach
and Otter Creek Roads
I-2 to O-3
R-2 to I-2
R-2 to O-3
R-2 to MF -24
R-2 to C-3
III. OTHER MATTERS:
12. Z -5231-A Stephens School Development C.U.P.
13. Z-6598 Kohl Manufactured Home C.U.P.
14. Home Occupation Ordinance Discussion
OA
December 17, 1998
ITEM NO.: A FILE NO.: LU98-04-01
Name: Land Use Plan Amendment - Heights Hillcrest
District
Location: Intersection of Cedar and Kavanaugh Boulevard
Request: Multifamily and Park Open Space to Mixed and
Public Institutional
Source: Darrell Odom
PROPOSAL / REQUEST:
Land Use Plan amendment in the Heights Hillcrest Planning
District at 2115 Kavanaugh Boulevard from Multifamily to
Mixed Use. 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.
The applicant has volunteered to add a stipulation to the
application to limit the uses in the structure to uses
defined by 0-1 and residential. This, in effect, eliminates
any commercial uses in the building.
After review of the surrounding area, the Planning Staff
expanded the amendment to include a broader area. The area
east of the application, a parking lot owned by the church
at the corner of Kavanaugh Boulevard and Cedar, is
considered for Mixed Use. Further to the east, the
application was expanded to recognize the Public
Institutional use of the Pulaski Heights Baptist Church on
both sides of Kavanaugh Boulevard and their parking lot to
the north.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-5 and is approximately
2.61± acres in size. To the north, are duplexes and
apartments zoned R-5 and shown on the Land Use Plan as Multi
Family. South of the site are homes zoned R-3 and shown as
Single Family. To the west lies the Pulaski Heights Baptist
Church and residences zoned R-5 and R-3 and shown as Multi
Family and Single Family respectively. East to the site are
apartments and a florist/hair salon zoned R-5 and C-3 and
shown as Multi -Family and Single Family respectively.
RECENT AMENDMENTS:
February 6, 1977, a change was made from Single Family to
Suburban Office at the corner of Harrison and Evergreen.
December 17, 1998
ITEM NO.: A (Cont.) FILE NO.: LU98-04-01
MASTER STREET PLAN:
Kavanaugh Boulevard is shown as a Collector on the plan.
Pine Street and Cedar Street, form Kavanaugh south are shown
as Collectors on the Master Street Plan. Although Cedar
Street north of Kavanaugh is not shown as a collector, it
does function as a collector with Cedar Hill Road to the
Riverdale area.
BACKGROUND:
Hillcrest is a one of the city's older neighborhoods
consisting of a mixture of buildings dating from 18901s. It
is a federally recognized Historic District. The existing
commercial area, located to the west, has the character of
mixed upe, with travel agents, antique shops, etc. on the
ground floor and residential uses above. The commercial
areas in Hillcrest are thriving and vacancy rates are low
for commercial and office space. The lack of commercial and
office space could justify the need for additional space.
This development should be tied to the intersection of the
three collectors: Kavanaugh Boulevard, Cedar and Pine
Streets and not be allowed to be extended along Kavanaugh to
the east. while it is not required to have a PZD with the
current application, staff believes that a PZD is necessary
to insure that residential uses remain in the structure.
In May 1986, there was a similar action filed on this same
property to convert the bottom story to a psychiatrist
office and an architect's office with two residences
upstairs. The item was deferred on a 4-5-0-1 vote and was
withdrawn at the June 6, 1986 meeting. It met with local
opposition.
The Hillcrest Neighborhood Action Plan is currently editing
the final draft of their plan. At this time, there are no
plans for land use plan or zoning changes.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Hillcrest, Sherrill Heights Garden Club,
Prospect Terrace, Heights and Capitol View\Stiff Station.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate to acknowledge the
existing use of the church as Public Institutional. Staff
also believes any PZD in the Mixed Use are should be
required to have residential uses. This is to protect the
character of Hillcrest.
2
December 17, 1998
ITEM NO.: A (Cont.) FILE NO.: LU98-04-01
PLANNING COMMISSION ACTION: (OCTOBER 29, 1998)
This item was placed on the Consent Agenda for deferral and
was approved with a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE•
As of this printing, Staff has received a one phone call in
support of the amendment and one in opposition. Letters in
opposition from additional persons or entities are attached.
Upon the decisions of the neighborhood association, expanded
property owners, and neighborhood response, Staff has
decided to no longer support the proposed change for this
item.
STAFF UPDATE•
As of this printing, Staff has received a one phone call in
support of the amendment and one in opposition. Letters in
opposition from additional persons or entities are attached.
Upon the decisions of the neighborhood association, expanded
property owners, and neighborhood response, Staff has
decided to no longer support the proposed change for this
item.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for withdraw and
was approved with a vote of 8 ayes, 0 noes and 3 absent.
3
December 17, 1998
ITEM NO.: B
NAME:
LOCATION•
OWNER/APPLICANT:
FILE NO.: Z-6589
Telecorp Two Towers Road -
Tower Use Permit
18401 Two Towers Road
Deltic Farms and Timber Co./
Don Brown
PROPOSAL: To obtain a tower use permit to
allow for the placement of a
250 feet tall lattice type tower
on the OS zoned property located
at 18401 Two Towers Road.
ORDINANCE -DESIGN STANDARDS:
1. Site Location:
This site is located on the south side of the east end of
Two Towers Road in between the last two existing tower
sites, just inside the city limits.
2. Compatibility with Neighborhood:
This site is located in an Open Space (OS) zone, on the east
end of Two Towers Road. The area to the north and east is
zoned R-2, Single Family Residential, but is currently
undeveloped. South of this site by about 500 feet is an area
zoned MF -12, Multi -family.
Two Towers Road is a high ridge area just west of the city
limits which contains a variety of tall towers for all kinds
of communication systems. Near the proposed site AT&T has a
self -supported, short microwave tower.
This area is primarily a tower site and so this proposal is
compatible with the area.
3. On -Site Drives and Parking:
A single access driveway is provided from Two Towers Road.
Adequate parking for maintenance vehicles is provided on the
site plan.
4. Screening and Buffers:
No Comments.
, December 17, 1998
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-6589
5. Public Works Comments:
No issues.
6. Utility and Fire Department Comments:
Water: No objection.
Wastewater: Sewer service not required. No Comment.
Southwestern Bell: Approved as submitted.
ARKLA: Approved as submitted.
Entergy: No comments received.
Fire Department: Approved as submitted.
Pulaski County Planning: Approved as submitted.
CATA: This site is not located on a CATA bus route.
7. Staff Analysis:
The applicant is requesting a 250 foot tall lattice style,
triangular tower, wireless communication facility on the
east end of Two Towers Road. The area is zoned OS, Open
Space, but it is not established as an undisturbed OS zone.
It is zoned OS probably because of the terrain and to
provide some separation between residential areas.
Communication facilities are a permitted use in OS when it.
is not designated as an undisturbed area.
Chapter 36, Article XII of the Code of Ordinances
establishes development standards for wireless
communications facilities. If the proposed facility
conformed to all standards, it could be approved through a
staff level review process. This proposed facility does not
conform to the height restrictions of 150 feet. It also
does not meet the required setback from residential property
of at least the height of the tower. This tower would be
only about 80 feet from residential property. The last
issue which does not meet ordinance standards is the style
of the tower. The ordinance prohibits self-supporting
lattice towers. A variance would be required for all three
issues.
The applicant's justification for the height is to enable
this one tower to accommodate up to four additional users.
Telecorp's antennas will be at the 150 foot height. The
E
December 17, 1998
SUBDIVISION
ITEM NO • B (Cont.) FILE NO.: Z-6589
lattice structure will provide the strength to carry the
additional users on this very exposed hilltop.
Telecorp verified in writing that they did search
unsuccessfully for alternatives to a new tower such as co -
locating on an existing tower or attaching to an existing
structure. Telecorp has agreed to construct this tower to
support co -location of at least one other user as required
in the Tower Ordinance. In this case they planned for up to
four additional users.
Staff believes this is a reasonable use of the property.
Staff also supports the variance for the three issues where
ordinance requirements are not met.
8. Staff Recommendation:
Staff recommends approval of the requested tower use permit
to allow a wireless communication facility with a 250 foot
tall lattice support structure at this site subject to
compliance with the following conditions:
1. Compliance with the development standards for WCF's in
Section 36-593 of City Ordinances.
2. Constructing the structure to be capable of supporting at
least one additional user.
Staff also recommends approval of the variance to permit
exceeding the 150 foot maximum height allowing a 250 foot
height, having only a 80 foot setback from residential
property, and installing a lattice style triangular tower.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 1998)
Don Brown was present representing the application. Staff
briefly presented the item.
The Planning Staff explained the three issues that caused the
requirement to go through the T.U.P. process.
There being no concerns, questions or further issues, the
Committee accepted the proposal and forwarded the item to the
full Commission for final resolution.
PLANNING COMMISSION ACTION: (DECEMBER 3, 1998)
Don Brown was present representing the application. Staff
received a letter on December 3 from the applicant requesting the
3
December 17, 1998
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-6589
item be deferred to December 17, 1998, due to not having
accomplished proper identification of a property owner.
A motion was made to waive the Bylaw requirement for 5 business
day notification prior to the public hearing. It passed by a
vote of 7 ayes, 0 nays, and 4 absent.
A motion was then made to defer this item until December 17, 1998
meeting. The motion passed by a vote of 7 ayes, 0 nays, and
4 absent.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Don Brown was present representing his application. There was
one objector present. Staff presented the item with a
recommendation for approval subject to compliance with conditions
listed under "Staff Recommendation." Staff also recommended
approval of the variance to permit exceeding the 150 foot maximum
height and allow a 250 foot height, having only 80 foot setback
from the residential property, and installing a lattice style
triangular tower.
Don Brown, the applicant, handed out to the commissioners a photo
simulation of how the tower would look and then deferred further
comment to respond to questions.
Reverend Bill Martin, Vickar at St. Margaret's Episcopal Church,
spoke in opposition to the proposal. His objection was to the
shape and design of the tower which would make it more visible
and unattractive than many of the other towers already there.
Most of the commissioners asked questions and made statements
regarding the following issues: The visibility of this tower
in relation to others there; the possibility of coloring the
tower so it would be less visible while keeping it visible enough
to air traffic; the goal of collocation and how this tower would
serve that goal; and, why the tower needed to be 250 feet tall
and lattice style.
Mr. Brown responded that they would be willing to color the tower
so it would best blend in to the terrain. He added that the
height and style would best support the goal and intent of the
collocation issues in the ordinance. This height and style would
enable one tower to safely serve up to four or five users and
allow them to place almost any style antenna on this tower. In
addition it would allow for simple single whip type antennas to
also be placed on this tower in addition to the larger style
antennas.
4
December 17, 1998
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-6589
A motion was made to approve the application as submitted to
include staff recommendation and comments, and to approve the
variance for the height, setback, and lattice style tower. The
motion passed by a vote of 8 ayes, 0 nays and 3 absent.
5
December 17, 1998
ITEM NO.: 1 FILE NO.: LU98-01-01
Name: Land Use Plan Amendment - River Mountain
Planning District
Location: 14122 Taylor Loop Road
Recruest: Single Family to Suburban Office
Source: Robert Trammell
PROPOSAL / REQUEST:
Land Use Plan amendment in the River Mountain Planning
District from Single Family to Suburban Office. Suburban
Office provides for low intensity development of office or
office parks in close proximity to lower density residential
areas to assure compatibility. A Planned Zoning District is
required.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately 1/2
acre in size. To the north, in a Transition area, is a hair
salon and a veterinarian with a PCD and a PDO, respectively.
To the east, south and west are single family homes zoned R-
2 shown as Single Family on the land Use Plan. To the
northwest, is a PCD for the Harvest Foods that lie in an
area shown as commercial on the Land Use Plan.
RECENT AMENDMENTS:
There have not been any amendments in the recent past in
the area.
MASTER STREET PLAN:
Taylor Loop Road is shown as a Minor Arterial on the plan.
Half -street improvements have been made on the west side of
the street, but not the east. This section of Taylor Loop
connects with Rahling Road that intersects Chenal Parkway.
Westchester Court is a residential street.
As stated before, this site lies directly to the south of a
Transition Area (as shown on the Land Use Plan). The
definition of Transition states that it is a "...designation
which provides for an orderly transition between residential
uses and other more intense uses. Transition was
established to deal with areas which contain zoned
residential uses and nonconforming residential uses. A
Planned Zoning District is required unless the application
December 17, 1998
ITEM NO.: 1 (Cont.) FILE NO.: LU98-01-01
conforms to the Design Overlay standards. Uses which may be
considered are low density multi -family and office uses if
the proposals are compatible with quality of life in nearby
residential areas.' This area of Transition to the north of
the site was established to do just that, create a
transition. The veterinarian and hair salon are located in
existing houses and act as that transition.
This site lies in the area reviewed under the River Mountain
Neighborhood Action Plan of March 1998. In that process, the
Land Use Plan was reviewed and no changes were made as a
result of that plan. "The committee supports the use of the
Transition category along Highwayl0 and does not wish to see
it changed.- Suburban Office can act as a transition
between higher intensity uses and single family homes. To
change this to Suburban Office, would in effect, be
increasing the Transition area, which would be in contrast
to the neighborhood plan.
This site is in close proximity to the proposed Fire Station
at 14215 Taylor Loop Road, but any approval of the fire
station will not alter the existing conditions enough to
disregard the neighborhood plan.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Pleasant Valley, Walton Heights, Pankey,
Pleasant Forest, West Bury, Westchester, and Secluded Hills.
As of this printing, Staff has not received any calls from
neighbors or neighborhood groups concerning this filing.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
STAFF UPDATE•
Applicant has petitioned Staff for a deferral to the
February 4, 1999 meeting.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for deferral to
the February 4, 1999 meeting and was approved with a vote of
8 ayes, 0 noes and 3 absent.
2
December 17, 1998
ITEM NO.: 2 FILE NO.: LU98-02-04
Name: Land Use Plan Amendment - Rodney Parham
Planning District
Location: South side of Markham Street form Westbrook to
Pryor
Recruest: Single Family to Suburban Office
Source: Mary Ann Phillips
PROPOSAL / REQUEST:
Land Use Plan amendment in the Rodney Parham Planning
District from Single Family to Suburban Office. Suburban
Office provides for low intensity development of office or
office parks in close proximity to lower density residential
areas to assure compatibility. A Planned Zoning District is
required.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the areas to
the east to the retail development. It is thought that the
additional area would make the boundaries more logical.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately
1.2t acres in size. To the north, west and south, are
single family homes zoned R-2 and shown on the land Use Plan
as Single Family. To the east is the shopping center shown
as Commercial on the Land Use Plan that houses Burlington
Coat Factory and PC Hardware. It is zoned C-3. A portion
of the parking lot for that shopping center is zoned 0-3.
RECENT AMENDMENTS:
October 20, 1998, a change from Suburban Office to
Commercial on Markham Center Drive and from Single Family to
Suburban Office on the east side of Natural Resources Drive.
MASTER STREET PLAN:
Markham Street is shown as a minor arterial on the plan and
is a four -lane roadway through the amendment area. Pryor is
shown as a residential street.
BACKGROUND:
Single family homes dominate this section of Markham on the
north side from just west of Rodney Parham to Santa Fe and
December 17, 1998
ITEM NO • 2 (Cont.) FILE NO.: LU98-02-04
on the south side from Pryor to Wedgwood. On the north
side, they mainly face the side streets. On the south,
those who face Markham, have ample setbacks from the street.
West of Wedgwood and Santa Fe is an area shown on the Land
Use Plan as Suburban Office and Commercial on both sides of
the street. It is characterized by strip centers, offices
in remodeled homes and office parks.
It is Staffs, opinion that it is desirable to retain single
family homes on minor arterials. Arterials, simply because
they are such, do not justify more intensive development.
The expanded site has been the site of previous actions in
the past. In July 1985, an attempted rezoning from R-2 and
0-3 to C-3. Reasons for denial were stated as: "(1) the
adjacent residential neighborhood would be adversely
affected, and (2) Pryor Street cannot act to hold the line
between commercial and residential development." In July
1979, an attempt to zone to "E-1" Quiet Business for a
beauty shop was denied by the Commission. In March 1974,
the zoning to commercial for the east 70, and the remainder
to be zoned to "E-1" Quiet Business. This rezoning met with
pronounced local resistance.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Pennebrook, Echo Valley, Walnut Valley, Colony
West, Treasure Hills, Sturbridge, Beverly Hills, Santa Fe,
Rainwood, and Pleasant Valley.
As of this printing, Staff has received four phone calls
from neighbors, 1 supportive, 1 opposed and two neutral.
Please note the attached petition supplied by the applicant
with 4 signatures.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate at the time.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for deferral to
the February 4, 1999 meeting and was approved with a vote of
8 ayes, 0 noes and 3 absent.
December 17, 1998
ITEM NO.: 3 FILE NO.: LU98-04-02
Name: Land Use Plan Amendment - Heights Hillcrest
Planning District
Location: 1723 North University
Request: Low Density Residential to Suburban Office
Source: Mary Jane Bailey
PROPOSAL / REQUEST:
Land Use Plan amendment in the Heights Hillcrest Planning
District from Low Density Residential to Suburban Office.
Suburban Office shall provide for low intensity development
of office or office parks in close proximity to lower
density residential areas to assure compatibility. A
Planned Zoning District is required.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately
0.2t acre in size. To the west and north west are single
family homes zoned R-2 and shown on the Land Use Plan as
Single Family. To the east and southeast are single family
homes zoned R-2 and shown on the Land Use Plan as Low
Density Residential. To the north, across Cantrell Road, is
an area shown as Commercial on the Land Use Plan and zoned
C-3 and C-4.
RECENT AMENDMENTS:
There have not been any amendments in the recent past in the
surrounding area.
MASTER STREET PLAN:
Cantrell Road is shown as a principal arterial on the plan
and is built as a four -lane road with left turn lanes at the
intersection of University Avenue. University Avenue is
also shown as a principal arterial but is built with a
center median south of Cantrell. North of Cantrell, it is
a two lane street shown as a Collector.
BACKGROUND:
This stretch of Cantrell is notable for the number of
residences that front onto Cantrell. On the south side of
the street, homes line Cantrell from the bottom of Cantrell
Hill to west of Shannon. On the north side, with the five
block exception of Polk through University, homes line the
street from the bottom of Cantrell Hill to Hughes Street.
December 17, 1998
ITEM NO.: 3 (Cont.) FILE NO.: LU98-04-02
It is possible, as the previous example states to have
single family dwellings on an arterial.
This project is located at the southeast corner of
University and Cantrell. Two other corners are still
residential in use and the third, at the northeast, was
built as residential although it is currently used as an
office. Despite the busy nature of the intersection, it is
still residential. The home has limited access; the only
vehicular access is off the alley in the rear. There is a
retaining wall along University and no parking on
University. The home has been utilized as residential
rental property in the past.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Capitol View, Hillcrest, Heights, Sherrill
Heights, and Prospect Terrace.
As of this printing, no comments have been received from the
public.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate at this time.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for deferral to
the February 4, 1999 meeting and was approved with a vote of
8 ayes, 0 noes and 3 absent.
2
December 17, 1998
ITEM NO.: 4 FILE NO.: LU98-07-03
Name: Land Use Plan Amendment - I-30 Planning District
Location: 1401 East 9th
Rectuest: Industrial to Office
Source: Matthew Ivy
PROPOSAL / REOUEST:
Land Use Plan amendment in the I-30 Planning District from
Industrial to Office. Office represents services directly to
consumers (e.g. legal, financial, medical) as well as
general offices which support more basic economic
activit-ies.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the area on
both sides of Shall Street from 9th to 10`h* It is thought
that the additional area would make the boundaries more
logical.
CURRENT LAND USE AND ZONING:
The property is currently zoned I-2 and is approximately
3.4t acres in size. To the north lies Sol Almans' metal
recycling yard zoned I-3 and shown as Industrial on the
plan. To the east and south-east is I-3 land shown as
Industrial. To the south, lies a housing area shown as
Multi -Family on the plan and zoned MF -18. To the east, are
homes shown as Single Family with a majority zoned R-4.
RECENT AMENDMENTS:
September 1, 1998, A change from Single Family to Industrial
with PZD required in the 1500 & 1600 blocks of Boyce Street.
MASTER STREET PLAN:
9`h Street is shown as a collector on the plan and is built
to a four lane section. Shall Street is shown as a
residential street.
BACKGROUND:
The Presidential Librarx moratorium area extends south from
the Arkansas River to 6` Street in this area. Although,
this site is not in the moratorium area, it is in the larger
conceptual study area being considered by the planning staff
that extends south to 17`h Street. Office uses are more
compatible with the proposed Presidential Library than
December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
industrial uses.
The current uses in the extended area are a church, an
office, an antique brick sales yard, a "mill and mine"
retail establishment and a residential use. These uses are
not the typical uses located in an area classified as
Industrial on the Land Use Plan.
Directly to the east of the expanded area is Single Family
on the Land Use Plan. The area sits slightly above the site
due to topographical features. Directly to the south is a
multi family complex. Office, in this case, is an
appropriate buffer between these uses and the industrial
area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: East End, Community Outreach and Hanger Hill.
As of this printing, Staff has spoken with two of the seven
expanded area property owners. One has registered
opposition to the plan change and one was of a neutral
nature. No comments from the neighborhood have been noted.
STAFF RECOMMENDATIONS:
Staff believes that it is appropriate to change the Land Use
Plan to Office.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Brian Minyard of Staff presented the item. He explained how
the area had been expanded to include all of the businesses
along Shall Street from 9th to 10`h Streets on the east and
west. He continued with a summary of the meeting with the
property owners and their desires not to be included in the
Land Use Plan amendment. The plan amendment as presented to
the commission has been reduced to the original application
of 1401 East 9th Street. Staff feels that we can no longer
support the change to Office because of the small size and
that it would create an island of Office in an Industrial
area.
Commissioner Faust asked for clarification of the expansion
and subsequent reduction of the amendment size.
Commissioner Rahman stated that instead of changing the Land
Use Plan that we might go directly to the zoning and leave
the Land Use as is.
Commissioner Putnam stated that the area is very industrial.
2
December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
Commissioner Hawn stated that Staff had looked at the larger
area and after examination, it does not support the change
of the larger area.
Commissioner Faust asked about policy of expanded areas and
stated that apparently the Land Use Plan amendments were
driven only by application. Jim Lawson stated that this
application was driven by the rezoning request. The larger
area was considered and after notices were sent out,
negative responses were obtained from the property owners.
Staff does look at input of the area residents.
Matthew Ivy, the applicant, asked if the Land Use could be
left alone and go to the zoning.
Commissioner Rahman asked of the applicant what the use of
the building was. Mr. Ivy stated that it was a dormitory,
licensed as a church, and homeless people are taken off the
street and assisted. Employment is provided for these
people. There is no time limit on the length of stay.
Commissioner Muse asked why the application was not for
Public Institutional instead of Office. Dana Carney
answered that the use is not a church. It is a function of
a religious organization under the office zoning.
Sam Harris, Jr., affiliated with the applicant, spoke as to
their work at the site and the history of the organization.
Commissioner Earnest noted that the item at hand was land
use, not zoning and to ask the speakers to keep comments to
the topic of land use.
Larry Alman, President of Sol Alman, spoke to the fact that
he is opposed to the Land Use Plan amendment. He spoke of
the history of the company. He also spoke of the
presidential library area and the impacts on the area.
Bill Steward, of Mill and Mine Company, stated that they
thought of themselves as industrial and did not support the
change.
Joseph Berg, of Berg and Son Machine Shop, stated that he is
Opposed to the change and has been in operation since the
601s.
Albert Culver, a resident of 1213 East 9`h, stated that the
police had notified him to lock all doors and gated because
of the applicant's work and he is opposed because of that.
David Garner, of Antique Brick, says that they feel
industrial and has been in that location for 10 years. He
is opposed to the change.
3
December 17, 1998
ITEM NO.: 4 (Cont.) FILE NO.: LU98-07-03
Commissioner Putnam asked the applicant how long they had
been in operation. He also asked if this was an enforcement
issue. Mr. Carney stated that it was an enforcement issue.
Commissioner Hawn made a motion to approve the application
as presented and was seconded. Motion was denied with a
vote of 0 ayes, 8 noes, and 3 absent.
4
December 17, 1998
ITEM NO.: 5 FILE NO.: LU98-11-04
Name: Land Use Plan Amendment - I-430 Planning District
Location: 9414 Colonel Glenn Road
Rectuest: Single Family to Office
Source: Dempsey Avery
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from
Single Family to Office. Office represents services provided
directly to consumers (e.g., legal, financial, medical) as
well as general offices with support more basic economic
activittes.
As shown on the Plan Amendment As Filed sheet, the original
application was for a tract of land containing a total of
4.19± acres which included the tract that fronts on to
Colonel Glen (1.13± acres) and lots 5-22 of block 22 of
Euclid Place Addition (3.06±acres).
CURRENT LAND USE AND ZONING:
The property is currently zoned R-3 and is approximately
1.13± acres in size. To the north, south, and west are areas
shown as Single Family on the Land Use Plan and zoned R-2
and R-3. The majority of the homes are to the northeast.
Along Colonel Glenn, are scattered homes and businesses.
Directly abutting the property to the east is Green Memorial
Baptist Church shown as Public Institutional on the Plan.
To the southeast, is the intersection of Asher, Colonel
Glenn and Stagecoach Road. Starting at this intersection
and continuing up Asher, there are several businesses shown
as either Neighborhood Commercial or Commercial on the Plan.
These are zoned either C-3, C-4 or 0-3.
RECENT AMENDMENTS:
June 3, 1997, a change from Community Shopping to Single
Family on the east side of Marigold Drive.
June 18, 1996, twenty-seven changes arising from the John
Barrow neighborhood Plan.
MASTER STREET PLAN:
Colonel Glenn is shown as a Principal Arterial on the plan
and is currently built as a two lane rural road without curb
and gutter.
December 17, 1998
ITEM NO.: 5 (Cont.) FILE NO.: LU98-11-04
BACKGROUND:
In the John Barrow Plan, the Policy Plans' section on
Business And Commercial Goal states "To enhance the climate
directed towards encouraging new businesses and commercial
establishments to locate in the area as well as retention of
existing businesses." Office, on the tract facing Colonel
Glen, can act as a transition to the heavier commercial
nature of Asher Avenue and fulfill one of the goals to bring
new bushiness into the area.
The Plan also states to "determine design standards for new
construction of single, two and multiple family housing in
the area." The Euclid Place Addition tracts should be held
for development of housing stock in accordance with the
Plan. Weldon Street has been platted to the east.
Staff believes that the conversion of the Euclid Place tract
to Office would be an intrusion onto the Single Family area
to the north , would not be able to be served off of Colonel
Glenn and cause traffic problems on site and in the
neighborhood to the north. For these reasons, the Euclid
Place Addition tracts should be held for development of
housing stock in accordance with the Plan.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Sandpiper, Twin Lakes, Westbrook, Sewer
District # 147, Twin Lakes, Campus Place, Kensington Place,
Birchwood, Westwood, and Pennebrook.
As of this printing, Staff has received no phone calls form
area residents. Please note the letter of support from the
John Barrow Neighborhood Association and from Green Memorial
Baptist Church. Also attached are eight letters of support
from neighbors.
STAFF RECOMMENDATIONS:
Staff believes the change to Office is appropriate on the
1.13 acre tract facing Colonel Glen Road.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for approval and
was approved with a vote of 8 ayes, 0 noes and 3 absent.
W
December 17, 1998
ITEM NO.: 6 FILE NO.: LU98-15-04
Name: Land Use Plan Amendment - Geyer Springs West
Planning District
Location: 8621 Baseline Road
Rectuest: Community Shopping to Multi Family
Source: Rex Benham
PROPOSAL / REOUEST:
Land Use Plan amendment in the Geyer Springs West Planning
District from Community Shopping to Multi Family. Multi
Family accommodates residential development of ten to 36
dwelling units per acre.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately
3.21± acres in size. To the south, east and west, are
single family homes zoned R-2 and shown on the Land Use Plan
as Single Family. Further to the east, lies Walmart in an
area shown as Community Shopping. There is a strip of
Community Shopping along the south side of Baseline through
the site. To the north, across Baseline, are areas shown as
Light Industrial and Commercial. These areas are zoned C-4
and I-2.
RECENT AMENDMENTS:
November 7, 1997, twenty-five changes resulting form Chicot
South I-30 West Neighborhood Action Plan including this site
from Multi Family to Community Shopping and Multi Family.
MASTER STREET PLAN:
Baseline Road is shown as a Principal Arterial on the plan.
BACKGROUND:
This area was included in the Chicot West I-30 South
Neighborhood Plan of November 1997. This site was changed to
Community Shopping and Single Family as a result of that
plan. The Plan does not state that all Multi -family should
be eliminated, but concerns are noted about the upkeep and
maintenance of all housing units, both single and multi
family. Housing stock should not be allowed to deteriorate.
It also states to "concentrate development efforts in the
more urbanized northern portion of the study area" in which
this property lies.
December 17, 1998
ITEM NO.: 6 (Cont.) FILE NO.: LU98-15-04
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Chicot, Rob Roy Way, Legion Hut, Allendale,
Town and Country Estates, Shiloh, Santa Monica, Pinedale,
Cloverdale, West Baseline, Yorkwood, Mavis Circle and Deer
Meadow.
As of this printing, Staff has not received any comments
from the neighborhood .
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate to acknowledge the
existing use of the multifamily structures.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for deferral to
the February 4, 1999 meeting and was approved with a vote of
8 ayes, 0 noes and 3 absent.
E
December 17, 1998
ITEM NO.: 7 FILE NO.: Z-6590
Owner: Donald McCormick
Applicant: Firm Foundation Ministries/
Matthew Ivy, Administrative
Coordinator
Location: 1401 East 9th Street
Request: Rezone from I-2 to 0-3.
Purpose: Utilize existing building for
establishment of a religious,
charitable or philanthropic
organization, including
transitional dormitory.
Size:
Existing Use:
.14 acres (6,000 sq. ft.)
Former warehouse building
SURROUNDING LAND USE AND ZONING
North - Large salvage/scrap yard; zoned I-3
South - One Single Family Residential Structure, brick
yard and church; zoned I-2
East - Oil Distributor/Wholesale; zoned I-3
West - Mill and Mine Supply and Other Industrial Uses;
zoned I-2
PUBLIC WORKS COMMENTS
1. East 9th and Shall Streets are commercial streets. A
dedication of right-of-way to 30 feet from centerline is
required or request deferral until the property is
redeveloped.
2. A 20 feet radial dedication of right-of-way is required
at the corner of East 9th and Shall Streets.
3. Provide design of streets conforming to "MSP" (Master
Street Plan). Construct one-half street improvements to
these streets including 5 -foot sidewalks with
redevelopment.
4. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a LATA bus route. Routes are
located two blocks West at 9th and Welch, three blocks north
at 6`h Street and several blocks east on Bond Street.
December 17, 1998
ITEM NO.: 7 (Cont.) FILE NO • Z-6590
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Hanger Hill Neighborhood Association and East End Civic
League were notified of the rezoning request.
LAND USE PLAN ELEMENT
The site is located in the I-30 Planning District. The Plan
currently recommends Industrial for the property. A
proposed Land Use Plan Amendment to change the Plan from
Industrial to Office for this site is item no. 4 on this
agenda (LU98-07-03). Staff believes the Plan Amendment to
be appropriate and supports the proposed office zoning.
STAFF ANALYSIS
The request before the Commission is to rezone the I-2 Light
Industrial zoned lot located at 1401 East 9`h Street to 0-3
General Office. The rezoning request is associated with
item no. 4 on this agenda, a proposed Land Use Plan
Amendment from Industrial to Office (LU98-07-03). The
property is occupied by a block, rock and frame building.
The majority of the building is two stories in height. The
portion of the building nearest East 9th Street is one story
in height. Firm Foundation Ministries, Inc. proposes to
occupy the building and use the building as follows:
The upstairs portion of the building will be used
for the following use: (11IX171), (131X171), and
(11'X17) rooms for office use only.
The downstairs portion of the building will be
used for the following use: (231X17.51) front
portion of the building will be used as a chapel,
(20'X131) room will be used as the kitchen,
(16'X17) room will be used as a dorm with 8
bunkbeds in it, and (4 1 X39') room will be used as
a dorm with 11 bunkbeds and 1 regular bed in it.
The applicant does not intent to change or remodel the
building in any way.
The 0-3 zoning district allows an "establishment of a
religious, charitable or philanthropic organization" which
is defined as "the offices and activities sponsored or
operated by organizations established for religious or
philanthropic purposes, including but not limited to homes
for the aged, resident homes for the indigent or
handicapped, training and educational facilities, and
similar establishments."
Fa
December 17, 1998
ITEM NO.: 7 (Cont.) FILE NO.: Z-6590
The property is located on the western fringe of the large
East Little Rock Industrial Park. All surrounding
properties are zoned I-2 Light Industrial or I-3 Heavy
Industrial. A small area of R-4 Residential is located two
blocks to the west. Other uses in the immediate vicinity
include a large scrap yard, a brick yard, an oil distributor
and a mill and mine supply company. An MF -18 zoned
Multifamily complex, Eastview Terrace Apartments, is located
one block to the south. The proposed 0-3 zoning is
compatible with uses and zoning in the area.
The I-30 District Land Use Plan currently recommends
Industrial for the site. Also on this agenda is a proposed
amendment to change the site from Industrial to Office on
the Plan. Staff is supportive of the requested Plan
Amendment.
Right-of-way dedication is required for East 9`h Street,
Shall Street and a radial dedication at the corner. The
building has a setback of 0.4 feet from Shall Street and 3.0
feet from East 9th Street. Dedicating the Master Street Plan
right-of-way for East 91h Street will result in a setback of
1.1 feet. Dedication for Shall Street would include a
portion of the building. The radial dedication at the
corner can be accomplished since it involves an area used
only for parking. Staff supports a deferral of the right-
of-way dedication for East 9th and Shall Streets until such
time as the property is redeveloped.
Although staff supports the requested 0-3 zoning, there are
concerns that the building may not be suitable for the
proposed use. The applicant will have to conform to all
applicable building and fire codes.
STAFF RECOMMENDATION
Staff recommends approval of the requested 0-3 zoning.
Staff also recommends approval of a deferral of right-of-way
dedication for East 9th and Shall Streets until such time as
the property is redeveloped.
PLANNING COMMISSION ACTION:
(DECEMBER 17, 1998)
The applicant was present. There were several objectors
present. Six letters of opposition from area property
owners had been received by staff and presented to the
Commission.
3
December 17, 1998
ITEM NO.: 7 (Cont.) FILE NO.: Z-6590
This item followed the lengthy discussion of and action on
Land Use Plan Amendment No. LU98-07-03. The Commission
voted to deny the Land Use Plan Amendment from Industrial to
Office.
Staff presented the rezoning request and recommended
approval of 0-3 zoning and of a deferral of right-of-way
dedication for East 9` Street and Shall Street until such
time as the property is redeveloped. Jim Lawson, Director
of Planning and Development, spoke in support of 0-3 zoning.
He asked where a homeless shelter could be located in Little
Rock, if not in an industrial area. Mr. Lawson concluded by
stating that he could not say that an 0-3 request in an area
shown as Industrial violated the Land Use Plan.
Commissioner Faust asked if 0-3 zoning accommodated the
applicant's proposed use. Dana Carney, of the Planning
Staff, responded that it did and read the definition of an
"establishment of a religious, charitable or philanthropic
organization" from the Ordinance.
In response to a question from Commissioner Muse, Mr. Lawson
stated that the applicant would have to vacate the site if
the zoning was denied.
The applicant, Matthew Ivy, stated that he had nothing more
to add beyond what he had stated during discussion of the
Land Use Plan Amendment. Sam Harris, who was representing
the item with Mr. Ivy, asked for approval of the rezoning.
Commissioner Putnam asked Mr. Harris if there were ever any
problems with residents of the facility. Mr. Harris stated
that there were occasional, but not wide spread, incidents.
He stated that the facility had a curfew, the residents work
during the day, transportation is provided for the
residents, there is periodic drug screening of the residents
and every effort is made not to create problems for the
neighborhood.
Area residents Billye Brown and Angela Rice spoke in
opposition to the rezoning.
Lionel Grimes, of 1325 East 9`h Street, spoke in opposition
to the 0-3 zoning. He stated that he had not had problems
with the residents of the facility but felt that it needed
to be located elsewhere.
David Garner, owner of Antique Brick located at 919 Shall
Street, spoke in opposition to the item. He spoke at length
about problems with residents of the facility. He voiced
concerns for the safety of area children because of sex
offenders living at the Firm Foundation facility. He stated
that this area was not appropriate for office zoning.
4
December 17, 1998
ITEM NO.: 7 (Cont.) FILE NO.: Z-6590
William Steward, president of Mill and Mine Supply Company
at 920 Shall Street, spoke against the rezoning.
Larry Alman, president of Sol Alman Company at 1300 East 9th
Street, spoke in opposition to the rezoning. He stated that
of the 14 property owners located within 200 feet of the
site, 12 were opposed to the rezoning. Mr. Alman stated
that the area was appropriate for Industrial uses and
zoning.
Albert Pulver, of 1213 East 9th Street, spoke against the
rezoning.
Commissioner Hawn asked if the Commission could approve a
Planned Zoning District for the site and apply the same
conditions established for a correctional facility. Steve
Giles, of the City Attorney's Office, stated that he did not
believe that would be appropriate. He stated that
conditions could be attached to rezoning if they were
offered by the applicant.
Commissioners Muse and Rahman asked where this type of
facility could be placed, if not in an industrial area.
Mr. Lawson stated that even if the application were amended
to a PZD, and the Commission imposed a variety of
conditions, the applicant could not control the off-site
activities of the residents.
Commissioner Faust asked if a conditional use permit could
be issued for the site. Mr. Giles responded that a C.U.P.
was not an option since the use is not listed as a permitted
conditional use in I-2.
Commissioner Hawn stated that he was concerned about 0-3
zoning, that he would prefer to see some type of application
that included conditions. Commissioner Faust commented that
this application appeared not to be one that was conducive
to conditions.
Commissioner Putnam stated that Firm Foundation was
occupying the site in violation of city code. He stated
that the use was not appropriate for the area and had a
negative impact on the neighborhood.
Commissioner Downing voiced concern for neighborhood
residents.
Commissioner Rahman stated that it appeared that 0-3 zoning
would be appropriate for the site.
Commissioner Downing noted the presence of residential
properties within one block of the site.
5
December 17, 1998
ITEM NO • 7 (Cont.) FILE NO.: Z-6590
David Garner again voiced opposition to the item.
Commissioner Faust stated that the issue before the
Commission was the appropriateness of 0-3 zoning in an area
shown as Industrial on the Land Use Plan.
Commissioner Muse asked if staff still supported 0-3 zoning.
Mr. Lawson responded that staff did.
A motion was made to approve the application as recommended
by staff. The motion was approved by a vote of 6 ayes,
2 noes and 3 absent.
6
December 17, 1998
ITEM NO.: 8 FILE NO.: Z-6595
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
CBS Partnership
William Dean, P.E.
Adjacent to 10923 I-30, north of
Sibley Hole Road
Rezone from R-2 to I-2.
Expansion of fenced equipment
sales and storage area for
Scott equipment.
15.13 acres
Undeveloped
SURROUNDING LAND USE AND ZONING
North - I-30 Right -of -Way
South - Church and Single Family; zoned R-2
East - Industrial Steel Sales and Truck Rental;
zoned I-2 and One Single Family residence;
zoned R-2
West - Scott Equipment Co. and Heavyquip Co.;
zoned I-2
PUBLIC WORKS COMMENTS
1. Submit floodway study to FEMA for city approval.
2. Dedicate regulatory floodway to the city.
3. Sibley Hole Road is listed on the Master Street Plan as
a collector street. Dedicate right-of-way to 30 feet
from centerline.
4. Provide design of streets conforming to "MSP" (Master
Street Plan). Construct one-half street improvements
to these streets including 5 foot sidewalks with
planned development.
5. Plans of all work in right-of-way shall be submitted
for approval prior to start of work.
6. Stormwater detention ordinance applies to this
property.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a CATA bus route.
December 17, 1998
ITEM NO.: 8 (Cont.) FILE NO.: Z-6595
NEIGHBORHOOD ASSOCIATION NOTIFICATION
Norm Floyd and the Pinedale and Mavis Circle Neighborhood
Associations were notified of the rezoning request.
LAND USE PLAN ELEMENT
The site is located in the Geyer Springs West Planning
District. The adopted Plan recommends Light Industrial (LI)
for the site and Park/Open Space (PK/OS) for the portion of
the site which is in the floodway. The Plan also recommends
a 100 foot undisturbed open space along Sibley Hole Road.
The Plan reflects changes which were made as a result of the
Chicot West/I-30 South Neighborhood Action Plan. The Action
Plan was adopted on November 4, 1997. The I-2 zoning
request conforms to the adopted Land Use Plan and the
Neighborhood Action Plan. The south 100 feet of the site,
along Sibley Hole Road, and the floodway portion of the site
should be designated Open Space (OS).
STAFF ANALYSIS
The request before the Commission is to rezone this vacant
15.13± acre tract from R-2 Single Family to I-2 Light
Industrial. A substantial drainageway/floodway bisects the
property leaving usable areas at the northwest corner of the
property adjacent to I-30 and at the southeast corner of the
property adjacent to Sibley Hole Road. The property is
adjacent to and east of Scott Construction Equipment
Company. The proposed rezoning is to accommodate expansion
of Scott Equipment onto the portion of the subject property
which is adjacent to I-30. There are no immediate plans for
the remainder of the property.
The area south of I-30 and north of Sibley Hole Road,
between Mabelvale Pike and the I-430 intersection, is
characterized by a variety of Industrial uses. Uses in the
immediate vicinity include Scott Construction Equipment,
Heavyquip Equipment Parts and Service, a wholesale fence
company, a steel sales company and a Ryder Truck Rental
business. South of Sibley Hole Road, the properties are
primarily residential. This area contains several single
family homes on larger tracts. A church occupies a large
tract directly south of the subject property, at the
southwest corner of Sibley Hole Road and Nash Lane. West of
the church is an I-2 zoned tract which is also used for
heavy equipment storage and sales. The proposed I-2 zoning
is compatible with uses and development in the area north of
Sibley Hole Road, along I-30.
2
December 17, 1998
ITEM NO.: 8 (Cont.) FILE NO.: Z-6595
The Geyer Springs West District Land Use Plan recommends
Light Industrial for the site with the floodway portion
being designated Park/Open Space. The Plan also designates
a 100 foot deep undisturbed open space strip along the south
perimeter of the site, adjacent to Sibley Hole Road. The OS
strip will buffer any use of this site from the residential
properties south of Sibley Hole Road. The Light Industrial
designation, with the 100 foot OS strip, conforms to the
Chicot west/I-30 South Neighborhood Action Plan which was
adopted on November 4, 1997.
The 100 foot buffer along Sibley Hole Road and the floodway
portion of the site will be zoned Open Space (OS). Since
the 100 foot strip along Sibley Hole Road is being required
as a buffer, it must remain in its natural (undisturbed)
state, unless otherwise authorized by the City. In this
case, no building or structure may be erected, no trees may
be removed and no paving for wheeled vehicles is allowed.
STAFF RECOMMENDATION
Staff recommends approval of the requested I-2 zoning with
the south 100 feet of the site, along Sibley Hole Road, and
the floodway portion of the site to be zoned OS.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Bill Dean was present representing the application. There
were two supporters, one objector and one other interested
party present. One letter of support had been received by
staff and forwarded to the Commission. Staff presented the
item and recommended approval of the requested I-2 zoning
with the south 100 feet of the site and the floodway area to
be zoned OS.
Bill Dean briefly described the proposal. He stated that
there were no immediate plans to use the property at the
southeast corner, closest to Sibley Hole Road.
Joe Dreher, of 10305 Sibley Hole Road, stated that he
approved of the application since no use was planned for the
area closest to his home on Sibley Hole.
Norm Floyd, one of the authors of the Chicot West/I-30 South
Neighborhood Action Plan, spoke in support of the rezoning.
He suggested that the applicant might replant some trees in
the southern open space, since the site had already been
cleared.
Dottie Funk, of the City Beautiful Commission, also stated
that she would like to see the buffer replanted.
3
December 17, 1998
ITEM NO.: 8 (Cont.) FILE NO.: Z-6595
Mr. Dean stated that he felt sure Scott Equipment Company
would be open to replanting in the buffer. He stated that
there were plans to plant cypress trees in the floodway area
to recreate wetlands required by the Corps of Engineers.
In response to a question from Ms. Funk, Commissioner
Earnest stated that the Commission could not impose
conditions on the rezoning request.
Mr. Dean reiterated that the applicant would plant trees in
the southern, 100 foot OS strip.
A motion was made to approve the application as recommended
by staff. The motion was approved by a vote of 9 ayes,
0 noes and 2 absent.
4
December 17, 1998
ITEM NO.: 9 FILE NO.: Z-6596
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Pleasant valley Child Care,
Inc.
Rett Tucker
1509 Green Mountain Drive
Rezone from R-2 to 0-3.
Utilize existing building for
offices.
.46± acres
Day Care Center
SURROUNDING LAND USE AND ZONING
North - Mini -warehouses; zoned R-2
South - Single Family; zoned R-2
East - Mini -warehouse and Multiple Commercial uses;
zoned C-3
West - Large Multifamily development; zoned R-5
PUBLIC WORKS COMMENTS
1. Repair or replace any curb and gutter or sidewalk that
is damaged in the public right-of-way prior to
occupancy.
2. Only one driveway will be permitted to the property.
(Remove south driveway.)
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a CATA bus route. A bus route is
located one block north, at Green Mountain and Rainwood.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Walnut valley and Rainwood Cove Neighborhood
Associations were notified of the rezoning request.
LAND USE PLAN ELEMENT
The site is located in the Rodney Parham Planning District
and is currently classified as Single Family on the Land Use
Plan. As part of the review of the smaller land use plan
December 17, 1998
ITEM NO.: 9 (Cont.) FILE NO.: Z-6596
amendments as stated in the October 1, 1998 memo from Larry
Lichty, Staff is currently reviewing the process with the
Plans Committee. According to the latest draft of the
review handed out at the November 16, 1998 Plans Committee
meeting, it does fulfill those requirements. Staff
acknowledges that the proposed office zoning does not
conform to the Land Use Plan, but does support the change as
it relates to Land Use.
STAFF ANALYSIS
The request before the Commission is to rezone this .46±
acre tract from R-2 Single Family to 0-3 General Office.
The property is occupied by a 3,600± square foot, frame
structure housing Pleasant Valley Child Care and Preschool.
The day care center was in existence at the time the
property was annexed into the City in 1979 and is a
nonconforming use. Once the property is rezoned, it will be
used for offices. No specific plan has been submitted and
staff is not certain if the applicant proposes to reuse the
existing building or to remove that structure and build a
new one in its place.
The property is located on the western edge of a large
commercial area. The site is "sandwiched" between this
commercial area and a large multifamily development to the
west. The commercial area to the east and north contains a
wide variety of uses. Mini -warehouses are immediately
adjacent to the north and east. Several large multifamily
developments are located on the west side of Green Mountain
Drive, across the street from this site. One single family
home is located directly south of the site, at the corner of
Huron Lane. Past Huron Lane, the use is exclusively single
family. The proposed zoning is compatible with uses and
zoning in the area and the office zoning provides an
appropriate step down from the intense commercial to the
single family. The site has a history of nonresidential use
since its annexation into the City.
The Rodney Parham District Land Use Plan currently
recommends Single Family for the site. The applicant filed
a land use amendment to change the Plan from Single Family
to Office (LU98-02-03). At its October 29, 1998 meeting,
the Commission determined that an amendment was not
necessary and advised the applicant to withdraw the request.
The property contains a preexisting office use (daycare -
preschool) and the office zoning request for this particular
property meets the spirit of, if not the letter of, the
Plan.
E
December 17, 1998
ITEM NO • 9 (Cont.) FILE NO.: Z-6596
STAFF RECOMMENDATION
Staff recommends approval of the requested 0-3 zoning.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 8 ayes, 0 noes and 3 absent.
3
December 17, 1998
ITEM NO.: 10 FILE NO.: Z-6597
Owner: Rex Benham
Applicant: Rex Benham
Location: 8621 Baseline Road
Request: Rezone from R-2 to MF -24
Purpose: Bring existing Multifamily
development into conformance
with zoning.
Size: 3.2± acres
Existing Use: 70 unit, Multifamily
Development
SURROUNDING LAND USE AND ZONING
North - Manufacturing plant; zoned I-2
South - Single Family; zoned R-2
East - Single Family; zoned R-2 and 0-1
West - Multifamily and Single Family; zoned R-2
PUBLIC WORKS COMMENTS
1. Baseline Road is listed on the Master Street Plan as a
principal arterial, a dedication of right-of-way to 45
feet from centerline will be required.
2. Repair or replace any curb and gutter or sidewalk that
is damaged in the public right-of-way prior to
occupancy.
3. Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards.
4. Abandon existing easements under the structures.
5. Relocate existing storm drains around structures with
planned development.
6. Revise parking with planned development.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a CATA bus route.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
Norm Floyd and the West Baseline Neighborhood Association
were notified of the rezoning request.
December 17, 1998
ITEM NO • 10 (Cont.) FILE NO.: Z-6597
LAND USE PLAN ELEMENT
The site is located in the Geyer Springs West Planning
District. The Plan recommends Community Shopping (CS) for
the northern 200± feet of the site and Single Family (SF)
for the remaining southern 300± feet. The Plan previously
recommended Multifamily (MF) for the site until it was
changed with adoption of the Chicot West/I-30 South
Neighborhood Action Plan on November 4, 1997. A request to
amend the Plan, changing the site back to Multifamily (MF)
is item no. 6 on this agenda (LU98-15-04). The site is
occupied by an existing, nonconforming 70 unit apartment
complex. Staff supports the requested Land Use Plan
Amendment.
STAFF ANALYSIS
The request before the Commission is to rezone this 3.2±
acre tract from R-2 Single Family to MF -24 Multifamily. The
site is occupied by a multiple building, 70 unit apartment
complex. The apartments were in existence at the time the
property was annexed into the City in July, 1979. At that
time, the property was zoned R-2 and the apartments were
rendered nonconforming. No changes are proposed for the
property. The applicant is in the process of refinancing
the property and the issue of nonconformity was raised. In
order to address the lenders concerns and to protect his
investment, the applicant has filed for the proper zoning to
accommodate the existing development. Associated with this
request is a Land Use Plan Amendment to change the Plan from
Community Shopping and Single Family to Multifamily (LU98-
15-04), item no. 6 on this agenda).
The property is located on the south side of Baseline Road,
one block east of the Wal-Mart Shopping Center. R-2 zoned,
single family properties are adjacent to the south, east and
west. A second, R-2 zoned nonconforming apartment
development is also adjacent to the west. The large, C-3
zoned Shopping Center is just west of the second apartment
complex. Two, 0-1 zoned lots, fronting onto Baseline Road,
are adjacent to the east. Additional, R-5 zoned apartments
are one block to the east. A large area of I-2 and C-4
zoned properties is located across Baseline Road, to the
north. Munsey Products Manufacturing is directly across
Baseline from this site. The apartment development has
existed for many years and is compatible with uses and
zoning in the area. The Multifamily provides a transition
between the single family and the commercial and industrial
development along Baseline Road and I-30.
Prior to adoption of the Chicot West/I-30 South Neighborhood
2
December 17, 1998
ITEM NO • 10 (Cont.) FILE NO.: Z-6597
Action Plan, the Geyer Springs West Land Use Plan
recommended Multifamily for this site. As a result of the
adoption of the Action Plan, the Land Use Plan was changed
to reflect Community Shopping for the northern 200± feet of
this site and single family for the remaining southern 300±
feet. Staff believes it is appropriate to amend the plan,
returning the site to Multifamily to recognize this pre-
existing, established multifamily development.
STAFF RECOMMENDATION
Staff recommends approval of the requested MF -24 zoning.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
The applicant was present. There were no objectors present.
Three letters had been received voicing support for some
zoning that would accommodate the apartments but asking that
the property not be zoned multifamily. The letters
suggested that some level of commercial zoning might be more
appropriate. Staff suggested that the item be deferred to
the February 4, 1999 meeting at which time it would be
amended to a C-1 rezoning request. Staff felt that C-1
zoning would accommodate the applicant's needs and would
satisfy the neighborhood's concerns. It was noted that
staff had discussed the C-1 option with the applicant and
the various neighborhood interests and all parties felt it
was an appropriate action.
The item was placed on the Consent Agenda and deferred to
the February 4, 1999 meeting. The vote was 8 ayes, 0 noes
and 3 absent.
7
December 17, 1998
ITEM NO.: 11 FILE NO.: Z-6599
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Otter Creek Development Co.
Nolan Rushing
NE corner of Otter Creek and
Stagecoach Roads
Rezone from R-2 to C-3.
Future commercial development
5.40 acres
Undeveloped
SURROUNDING LAND USE AND ZONING
North - Southwestern Bell Utility maintenance yard;
zoned R-2
South - Engineering Laboratory; zoned C-3
East - Floodway; zoned R-2
West - Shopping Center; zoned C-2 and C-3
PUBLIC WORKS COMMENTS
1. Dedicate regulatory floodway to the city.
2. Provide design of streets conforming to "MSP" (Master
Street Plan). Construct one-half street improvements to
these streets including 5 -foot sidewalks with planned
development.
3. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
4. Stormwater detention ordinance applies to this property.
5. A grading permit and development permit for special
flood hazard area are required prior to construction.
Arkansas Department of Pollution Control and Ecology
(ADPCE) and NPDES permit are also required.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a CATA bus route.
NEIGHBORHOOD ASSOCIATION NOTIFICATION
The Otter Creek and Crystal Valley Neighborhood Associations
were notified of the rezoning request.
December 17, 1998
ITEM NO • 11 (Cont.) FILE NO.: Z-6599
LAND USE PLAN ELEMENT
The site is located in the Otter Creek Planning District.
The adopted Plan recommends Community Shopping (CS) for the
site. The property is bounded by floodway on the east, an
industrial use on the north, developed C-3 property to the
south and C-3 and C-2 properties in various stages of
development to the west. Staff believes the C-3 request is
compatible with uses and development in the area and
conforms to the Plan for this intersection.
STAFF ANALYSIS
The request before the Commission is to rezone this
undeveloped, 5.4± acre tract from R-2 Single Family to C-3
General Commercial. The site is mostly cleared, with just a
few remaining pine trees. No specific development has been
proposed at this time.
The property is located at the northeast corner of
Stagecoach Road and Otter Creek Road. A large area of
undevelopable, R-2 zoned floodway is adjacent to the east,
extending nearly to I-30. The R-2 zoned property adjacent
to the north is actually occupied by an industrial use, a
Southwestern Bell Telephone Company utility station and
maintenance yard. A new shopping center is developing on
the C-2 and C-3 zoned property across Stagecoach Road to the
west. An engineering firm/testing lab is located on the C-3
zoned property across Otter Creek Road to the South. This
proposed C-3 zoning is compatible with uses and zoning in
the area.
The Otter Creek District Land Use Plan recommends Community
Shopping for this site. A commercial node has been
established at this junction of two arterial streets with C-
3 and C-3 being the predominate zoning pattern.
Any portion of the site which may lie within the regulatory
floodway, will be dedicated to the City and zoned Open
Space.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-3 zoning with
any portion of the site which lies within the regulatory
floodway to be zoned OS.
2
December 17, 1998
ITEM NO • 11 (Cont.) FILE NO.• Z-6599
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and recommended approval of the
requested C-3 zoning with the floodway area to be zoned OS.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 8 ayes, 0 noes and
3 absent.
3
December 17, 1998
ITEM NO.: 12 FILE NO.: Z -5231-A
NAME: Stephens School Development -
Conditional Use Permit
LOCATION: 3700 West 18`h Street
OWNER/APPLICANT: Little Rock School District
PROPOSAL: To obtain a conditional use
permit for a combination
school and small community
center at 3700 West 18`h Street
on property zoned R-3, Single
Family Residential.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
This site is located primarily on the north side of 18`h
Street between Oak and Valmar Streets, with a new
parking area on the east side of Maple Street between
18`h and 19th Streets.
2. Compatibility with Neighborhood:
This property and all of the adjacent surrounding area
is zoned R-3, Single Family Residential. This is a
residential neighborhood consisting of primarily smaller
lots, a few vacant lots, and two churches taking up the
entire block immediately across Oak Street between 17`h
and 18`h Streets. One of those churches, First Baptist,
has parking lots on the southwest and southeast corners
of Oak and 18`h Streets.
The proposed uses are compatible with the neighborhood.
The Stephens Area, Love, Midway, and Hope Neighborhood
Associations were notified of the public hearing.
3. On -Site Drives and Parking:
The proposal shows 3 drop-off areas, one for buses at
the northwest corner of the property along 17`h Street,
one on Valentine Street along the east side of the
school for children in pre-school/kindergarten, and the
third on the south side of the property along 18`h
Street for children in the elementary school. There is
a delivery entrance on the north side of the building
from Maple Street. In addition there are entrances to
parking lots from Oak, Valentine and 18`h Streets.
December 17, 1998
ITEM NO.: 12 (Cont.) FILE NO.: Z -5231-A
These accesses, drop offs, and parking areas should be
sufficient. The ordinance requirements for parking are
for 70 spaces which are exceeded with 109 being
provided.
4. Screening and Buffers:
The proposed parking lot at 17`h and Oak Streets lacks
the six percent (442 square feet) interior landscaping
required within the parking lot by the Landscape
Ordinance.
The proposed parking lot south of 18`h Street is 964
square feet short of the 1,610 square feet of interior
landscaping required within the parking lot by the
Landscape Ordinance. Additionally, the proposed on-
site buffer width along Maple Street and the eastern
perimeter are both 2 feet below the 6 feet required by
ordinance. Additionally, the proposed on-site buffer
width along 18`h Street is 6 feet below the 12 feet
required by ordinance.
The proposed shrubs and trees must be placed within the
on-site buffer areas and out of the public right-of-
way.
5. Public Works Comments:
1. Show 30, right-of-way dedication on all abutting
streets, including 20, radial dedication, or seek
waiver/deferral.
2. Show sidewalk and ramps on all frontages.
3. Sidewalk should be minimum 4' from back of curb
except for the drop off area along the north side
of 18`h Street.
4. Show a concrete apron at the corner of Maple and
West 17`h Street as well as for each parking area.
5. Construct improvements to West 17`h and 18`h Streets
along the playground or seek waiver/deferral.
6. Officially close Maple and Valentine right-of-ways.
Work with Public Works to complete paperwork for
this action.
6. Utility and Fire Department Comments:
Water: Valentine Street must be retained as a utility
easement. Contact the Water Works regarding water
requirements.
Wastewater: Sewer available, not adversely affected.
Southwestern Bell: Approved as submitted.
Fa
December 17, 1998
ITEM NO.: 12 (Cont.) FILE NO.: Z -5231-A
ARKLA: No comments received.
Entergy: Approved as submitted.
Fire Department: Approved as submitted.
LATA: This site is two blocks north of Route 16, South
Highland-UALR.
7. Staff Analysis:
The applicant is requesting a conditional use permit to
construct a new school for grades pre -kindergarten
through fifth on this 4.46 acre R-3, Single Family
Residential zoned site. The site lies between West 17`h
and 18`h, Oak and Valentine Streets.
The facility will also contain a small community center
in the west end which would share use of the gymnasium.
The City is funding the community center construction
costs. A parking lot is proposed south of 18`h Street
across from the center of the school building. Across
Valentine to the east of the school would be
constructed a school playground and park area which
would be used by the school when it is in session, and
serve as a community playground and park outside of
school hours. City would maintain ownership of the
land. The school is funding the playground equipment.
This site had been the location of an elementary school
from 1950 to summer 1993 when it was demolished. Now
that an entirely new facility is being built, a
conditional use permit is required. The original
facility existed prior to current zoning requirements
and so it did not have a conditional use permit.
A single building is proposed which will vary from one
to two stories. The applicant must meet front and rear
setbacks of 25 feet minimum, and side yard setbacks of
5 feet minimum from property lines established after
proper street right-of-way dedications are
accomplished. Parking and drop-off areas do meet
ordinance requirements. Variances will be required
where setbacks are not met such as the northeast corner
of the property as proposed. Any on-site lighting must
be directed downward onto the property and not towards
any residential areas. The hours of the community
center are expected to be 10:00 a.m. to 9:00 p.m., 7
days a week. No ground mounted signs are proposed.
Any wall signs will require permitting and conformance
with ordinance requirements.
K3
December 17, 1998
ITEM NO.: 12 (Cont.) FILE NO.: Z -5231-A
The applicant wishes to deviate from the standard
sidewalk setback from the curb of 4 feet in the
northeast corner of the property where Valentine jogs
and intersects with West 17"' Street. In that same
northeast area the applicant wishes to encroach into
the 25 foot rear setback area. This is caused by a
combination of the way the street swings into the
property and the requirement for a 30 foot right-of-way
dedication. If this encroachment is not allowed, the
building size would have to be reduced beyond
acceptable square footages. They can meet setbacks
every where else. Variances would be required for both
these situations.
The proposed uses are compatible with the neighborhood
and should enhance the area. However, traffic
increases will occur at school start and stop times and
during functions. This impact will be lessened by
required street improvements and proper traffic control
procedures.
Staff believes this is a reasonable use of this site,
and will have manageable impacts that are outweighed by
the benefits.
8. Staff Recommendation:
Staff recommends approval of the conditional use permit
subject to the following conditions:
a. Comply with Public Works Comments
b. Compliance with the City's Landscape and Buffer
Ordinances
c. Maintain all utility easements located in Valentine
Street.
Staff also recommends approval of the two variances as
follows:
a. Place sidewalk adjacent to curb instead of 4 feet
back from the curb along Valentine Road.
b. Reduce rear yard setback from Valentine Road to
20 feet at the northeast corner of the site.
4
December 17, 1998
ITEM NO.: 12 (Cont.) FILE NO.: Z -5231-A
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 1998)
Frank Blair, Doug Eaton, and Steve Grisham were present
representing the application. Staff gave a brief
description of the proposal.
Because of the short time between site plan submittal and
the Committee meeting, there was not time for staff to
accomplish a thorough review or develop comments. This
necessitated a more lengthy description by the applicant and
generalized comments by the staff. More detailed review,
comment and discussions between staff and the applicant will
be necessary prior to the full Commission meeting to resolve
issues such as street right-of-way requirements, landscape
buffers, Valentine Street closure and traffic management,
and street improvements around the playground. Applicant
was instructed to submit revised site plans by December 1.
There being no further issues, the Committee accepted the
proposal and forwarded the item to the full Commission for
final resolution.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Frank Blair, Doug Eaton, and Steve Grisham were present
representing the application. There were no objectors
present. Staff presented the item with a recommendation for
approval subject to compliance with conditions listed in the
"Staff Recommendation." Staff also recommended approval of
two variances: One, to place sidewalks adjacent to the
curb instead of 4 feet back from the curb along Valentine
Street; second, to reduce the rear yard setback from
Valentine Street to 20 feet at the northeast corner of the
site. One additional action was added which was to approve a
deferral for up to five years for street improvements along
West 17"' and 18"' Streets adjacent to the Parks Department
property for the park/playground.
The item with variances was placed on the Consent Agenda and
approved as recommended by a vote of 8 ayes, 0 nays, and
3 absent.
5
December 17, 1998
ITEM NO.: 13 FILE NO.: Z-6598
NAME: Kohl - Conditional Use Permit
LOCATION: 9507 Lanehart Road
OWNER/APPLICANT: Tami Kohl
PROPOSAL: To obtain a conditional use
permit to allow for the
placement of a multisectional
manufactured home on this 1.62
acre, R-2 zoned property.
ORDINANCE DESIGN STANDARDS:
1. - Site Location:
This site is located on the south side of Lanehart Road
just east of the intersection with McPherson Road.
2. Compatibility with Neighborhood:
This 1.62 acre property and the surrounding area are
zoned R-2 Single Family Residential. This site and the
property across Lanehart to the north is all currently
vacant. In the "notch" of this property is a single -
wide manufactured home and a vacant lot. The next two
lots to the east contain first a single and then a two -
section manufactured home. Immediately to the west is a
large lot with a large single family house.
In general this part of Lanehart is a mixture of various
sized stick -built homes and various sized manufactured
homes. This manufactured home would be compatible with
the neighborhood.
The Lanehart-Dodd Neighborhood Association was notified
of the public hearing.
3. On -Site Drives and Parking:
The applicant proposes a single access driveway and a
parking area adjacent to the home which would meet
ordinance requirements.
4. Screening and Buffers:
No Comments.
December 17, 1998
ITEM NO • 13 (Cont.) FILE NO.: Z-6598
5. Public Works Comments:
Dedicate 30 feet of right-of-way from the current
property line which is located approximately on the
centerline of Lanehart Road.
6. Utility and Fire Department Comments:
Water: water service is not available at this time.
When service is available in several months a
development fee will apply in addition to normal
charges.
Wastewater: Sewer available, not adversely affected.
Contact Little Rock Wastewater Utility prior to
- construction.
Southwestern Bell: Approved as submitted.
ARKLA: No comments received.
Entergy: No comments received.
Fire Department: Approved as submitted.
CATA: This site is not located on a CATA bus route.
7. Staff Analysis:
The applicant is requesting a conditional use permit to
place a new 28' X 70' manufactured home on this 1.62
acre R-2 zoned lot. This is a large site with a fairly
narrow entry lane off of Lanehart. The area contains a
mixture of singlewide and multisectional homes along
with conventional site built homes. The surrounding
area is all zoned R-2. There is a single wide
manufactured home adjacent to Lanehart, in front of
this site and just to the east are a single and a
multisectional home. There is plenty of room for this
home on this property enabling its siting to easily
meet all ordinance siting requirements.
Based on the general mixed types of single family
dwellings in the area and the quality and appearance of
this home being installed, staff believes it would be
compatible with the neighborhood as long as it is
installed in conformance with City Siting Standards for
manufactured homes.
2
December 17, 1998
ITEM NO.: 13 (Cont.) FILE NO.: Z-6598
8. Staff Recommendation:
Staff recommends approval of the conditional use permit
subject to conforming to City Ordinance Siting
Standards for manufactured homes in Section 36-
254(d)(5), and Public Works Comments. Siting standards
are as follows:
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.
The home should be oriented so that the front faces
Lanehart Road.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 5, 1998)
Tamie Kohl was present representing her application. Staff
gave a brief description of the proposal.
The applicant was advised to contact her neighbors regarding
the proposal and that there may be some concerns in the
neighborhood regarding manufactured homes.
Public Works talked about right-of-way dedication. They
will determine what is required and where it lies in
relation to current property lines and advise the applicant.
Specific dedication for right-of-way can be done along with
obtaining building permits.
There being no further issues, the Committee accepted the
proposal and forwarded the item to the full Commission for
final resolution.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Tami Kohl was present representing her application. There
were no objectors present. Staff presented the item with a
recommendation for approval subject to compliance with
conditions listed in the "Staff Recommendation. -
3
December 17, 1998
ITEM NO.: 13 (Cont.) FILE NO.: Z-6598
The item was placed on the Consent Agenda and approved as
recommended by a vote of 8 ayes, 0 nays, and 3 absent.
4
December 17, 1998
ITEM NO.: 14 OTHER MATTERS
FROM: Plans Committee
REQUEST: Accept Report on Home Occupation
REPORT:
Earlier this year, the Plans Committee of the commission was
tasked with a review of our home occupation regulations.
This request was a direct result of a joint concern of the
city board and the commission relative to a number of
incidents involving requests for one or two chair beauty and
barber shops in residential areas.
Over the past several months, the committee has reviewed a
great deal of excellent material that was gathered by the
staff dealing with this issue. It is important to note that
the city has a well developed and smoothly functioning
process for reviewing requests for home occupations. The
current process, which does not list beauty and barber shops
as a home occupation, depends on a listing of approved home
occupations as well as prohibited home occupations. The
committee initially wrestled with the idea of adding beauty
and barber shops to the list as an approved use. However,
after considerable discussion, we determined that adding
this particular use to the list greatly limited citizen
input and review. The committee also looked at several
other regulatory processes from other cities that were
identified by the staff.
Our summary position on this issue is as follows. Any
change made in our current process fell under the old adage;
The solution to the problem is worse than the problem. All
of the changes that were identified seemed, in our opinion,
to reduce the ability of citizen groups to comment on this
particular issue. Therefore, it is our recommendation to
the full commission that we transmit to the board our
position that no change in current procedure is warranted.
In short, all home occupation requests that are not on the
approved list will continue to be dealt with through a
rezoning classification or a PZD.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
Commissioner Earnest asked the commission of they had any
questions or comments on the item. He continued that this
should go as a memorandum to the full Board that we are not
December 17, 1998
ITEM NO.: 14 (Cont.) OTHER MATTERS
suggested any substantive change to the home occupation
ordinance. That is the sum of the conversations that were
held over several months.
Commissioner Rahman needed clarification of the work.
Commissioner Faust asked Commissioner Rahman for a list of
things that should have been included in the scope.
Commissioner Rahman raised the parking requirement as it
relates to home occupation.
Richard wood offered a solution that the commission will
look at this issue starting on the second meeting of January
1999 when he brings the work program for the next year that
included 30 ordinance changes. Items can be added to this
work list.
Discussion followed as to whether it required a motion.
Commissioner Hawn made a motion to accept the Plans
Committee's report on Home Occupations. Motion was seconded
and passed with a vote of 9 ayes, 0 noes and 2 absent.
2
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There being no further business before the Commission, the
meeting was adjourned at 6:40 p.m.
Date 1 A -16q