pc_05 29 1997LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
MAY 29, 1997
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
Ii. Approval of the Minutes of the Previous Meeting
The Commission approved the minutes of the May 1, 1997
Planning Commission meeting by a unanimous vote.
III. Members Present: Craig Berry
Herb Hawn
Bill Putnam
Sissi Brandon
Doyle Daniel
Hugh Earnest
Ron Woods
Larry Lichty
Mizan Rahman
Pam Adcock
Members Absent: Suzanne McCarthy
City Attorney: Stephen Giles
LITTLE ROCK PLANNING COMMISSION
REZONING AGENDA
MAY 29, 1997
4000 P.M.
I. REZONING ITEMS
1. Z -3915-A
12024 I-30
R-2 and C-3
to C-4
2. Z -6258-A 17901 Cantrell Rd. R-2 to 0-1
3. Z-6304 4120 John Barrow Rd. R-3 and 0-3
to C-3
4. Z-6305 Turner Day Care Family Home
5. Z-6306 Freeman Day Care Family Home
6. Z-6307 Williamson Day Care Family Home
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May 29, 1997
ITEM NO.: 1 FILE NO.: Z -3915-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
CalArk International
Charles W. Reimer
12024 Interstate 30
Rezone from R-2 and C-3 to C-4
Expansion of existing trucking
company and future development
29.19 acres
CalArk Trucking and
undeveloped tract
SURROUNDING LAND USE AND ZONING
North - Undeveloped acreage, zoned C-2, C-3 and C-4;
floodplain, zoned R-2
South - I-30 Right -of -Way; Industrial Park, zoned I-2
East - I-30 Right -of -Way; Industrial Park, zoned I-2
West - Floodway and church site, zoned R-2
PUBLIC WORKS COMMENTS
1.A sketch grading and drainage plan, a special flood
hazard permit, and a special grading permit for flood
hazard areas is required. Arkansas Department of
Pollution Control and Ecology (ADPCE) and National
Pollutant Discharge Elimination System (NPDES) permit
should have been issued for this work.
2. Provide striping and signage plans for the development,
for Traffic Engineering approval.
3. All driveways shall be concrete aprons per City
Ordinance.
4. Stormwater detention ordinance applies to this property.
5. A dedication of right-of-way for Otter Creek Road will be
required to 45 feet from centerline for this 5 lane minor
arterial.
6. Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards with any planned
construction.
7. Otter Creek Road has a 1995 average daily traffic count
of 3000.
8. Easements shown for proposed storm drainage.
9. Provide with proposed street construction:
a. Proposed design of streets conforming to "MSP" (Master
Street Plan).
May 29, 1997
ITEM NO.: 1 (Cont.) FILE NO.: Z -3915-A
b. Street cross sections of proposed streets at 100,
stations.
c. Street profiles showing existing and proposed
centerlines.
d. Sidewalks shall be shown conforming
the "MSP".
e. Utility excavation within proposed
be per Article V of Sec. 30.
f. Prepare letter for street lights as
31-403.
to Sec. 31-175 and
rights-of-way shall
required by Sec.
g. Plans of all work in right-of-way shall be submitted
for approval prior to start of work.
h. Contact the AHTD for work within the State Highway
right-of-way.
10. Each frontage street is 21 feet with 3 foot shoulders
without sidewalk.
LAND USE ELEMENT
The site is located in the Otter Creek District. The site
is shown on the Land Use Plan as Community Shopping, which
also extends to the north (the proposed "Otter Creek Mall").
To the west the plan shows Park/Open Space, Single Family,
and Public Institutional. South and east, across I-30,
Industrial and Light Industrial are shown on the Land Use
Plan. Because the site fronts on I-30, which is easily
accessible, and has been considered an appropriate place for
commercial activity, the staff recommends a change in the
Land Use Plan from Community Shopping to Commercial. This
would be a minor change. If the Land Use Plan is changed to
show Commercial, the Staff would recommend approval of the
C-4 request for the site.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route.
STAFF ANALYSIS
The request before the Commission is to rezone this 29.19±
acre tract from "R-21" Single Family and "C-3" General
Commercial to "C-4" Open Display District. CalArk Trucking,
a nonconforming C-4 use occupies the R-2 zoned portion of
the site and a small area of the C-3 zoned portion.
Nonconforming C-4 uses have occupied the site since it was
originally developed for a truck sales and service business
prior to the site's annexation into the City in 1979.
Rezoning the tract to C-4 will bring the existing use into
conformance with zoning and will allow CalArk to make needed
expansions. It is also possible that the eastern,
2
May 29, 1997
ITEM NO.: 1 (Cont.) FILE NO.: Z -3915-A
undeveloped, portion of the 29.19 acres will be sold to
another party for future development.
The tract is located at the southwest corner of the Otter
Creek interchange off of I-30. There are several hundred
acres of undeveloped R-2, C-2, C-3 and C-4 zoned property
across Otter Creek Road to the north. Much of this R-2
zoned property to the north is in the floodway and is
undevelopable. The large area of C-2 zoned property to the
north was at one time envisioned to be the site of the
proposed Otter Creek Mall. That plan has since been
abandoned. The property adjacent to the west is also an
undevelopable floodway. The new site of Geyer Springs
Baptist Church is located further to the west. All of the
properties across I-30 are zoned I-2 and are occupied by a
variety of industrial uses.
The Otter Creek District Land Use Plan shows this property
as CS, Community Shopping. This is reflective of the site's
relationship to the Otter Creek Mall site across Otter Creek
Road to the north. The site is isolated from other
development to the west by floodplain/floodway. A portion
of the site has a long history of C-4 use. Staff believes
this location is appropriate for C-4 zoning. C-4
development of the site is compatible with other development
in the area. As such, staff believes it is appropriate to
approve a minor plan amendment from (CS) Community Shopping
to (C) commercial for this site. Such a land use
designation will support C-4 zoning for this particular
tract.
A portion of the site is within the designated floodway.
That portion of the site must be zoned (OS) Open Space and
an easement must be granted for the floodway.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-4 zoning and a
minor plan amendment from (CS) Community Shopping to
Commercial. The portion of the site which lies within the
floodway will be zoned OS.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval of
the requested C-4 zoning with the floodway to be zoned OS.
The item was placed on the Consent Agenda and approved by a
vote of 10 ayes, 0 noes and 1 absent.
3
May 29, 1997
ITEM NO.: 2 FILE NO.: Z -6258-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Eleanor Karam
Joe White, Jr.
17901 Cantrell
Rezone from R-2 to 0-1
Redevelop as Quiet Office
4± acres
Single Family residence
SURROUNDING LAND USE AND ZONING
North - Undeveloped acreage, zoned 0-2; church, zoned R-2
South - Undeveloped acreage, zoned 0-3 and MF -12
East - Undeveloped tract, zoned C-3
West - Single Family, zoned R-2
PUBLIC WORKS COMMENTS
1. This is a principal arterial on the Master Street Plan,
dedication of right-of-way to 55 feet from centerline
will be required.
2. With any construction:
a. National Pollutant Discharge System (NPDES) and grading
permits are required prior to construction, site
grading and drainage plan will need to be submitted and
approved.
b.Stormwater detention ordinance applies to this
property.
c. Proposed design of streets conforming to "MSP" (Master
Street Plan).
d. Sidewalks shall be shown conforming to Sec. 31-175 and
the "MSP".
e. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
f. Drainage area size and runoff coefficient of
watercourses entering the tract.
g. Proposed ditch sections.
h. Description of existing surface features including soil
type and vegetation.
i. Utility excavation within proposed rights-of-way shall
be per Article v of Sec. 30.
j. Prepare letter for street lights as required by Sec.
31-403.
May 29, 1997
ITEM NO.: 2 (Cont.) FILE NO.: Z -6258-A
k. Plans of all work in
for approval prior to
1. Contact the AHTD for
right-of-way.
LAND USE ELEMENT
right-of-way shall be submitted
start of work.
work within the State Highway
The site is located in the Chenal District. The Land Use
Plan was recently amended to show this site and properties
to the west as Suburban Office. 0-1, Quiet Office, is an
appropriate zoning within the Suburban Office
classification. Development of the site must conform to the
Highway 10 Overlay District guidelines.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a Central Arkansas Transit Express
Route.
STAFF ANALYSIS
The request before the Commission is to rezone this 4± acre
tract from "R-2" Single Family to "0-1" Quiet Office. This
4± acre tract represents the western half of the Karam
Estate and is occupied by a large, two-story single family
residence. The eastern half of the site was recently
rezoned to C-3 General Commercial.
The property is located at the rapidly developing
intersection of Cantrell Road and Chenonceau Blvd. The
Ranch Development is located across Cantrell Road to the
north. The 0-2 zoned property directly across Cantrell is
currently undeveloped, however a new school and offices are
being developed in the area. A church is also located
across Cantrell Road, to the northwest. As was previously
mentioned, the property adjacent to the east was just
recently rezoned to C-3 and is as yet undeveloped.
Additional C-3 zoned property is further to the east and a
new residential subdivision is being developed beyond that.
The wooded tracts to the south are zoned 0-3 and MF -12. A
large area of new single family homes extends further to the
south, off of Chenonceau Blvd. The 3-4 properties to the
west are zoned R-2 and are occupied by single family homes.
An "existing business node" containing several PCD zoned
businesses is located further to the west.
The Chenal District Land Use Plan was recently amended to
show this site as well as the remaining home sites to the
west as Suburban Office. This 0-1 request is appropriate in
the Suburban Office District. The area standards provided
in the 0-1 district anticipate that office uses will be
K
May 29, 1997
ITEM NO.: 2 (Cont.) FILE NO.: Z -6258-A
located in close proximity to residential uses. Height,
area and parking regulations are designed to assure that
office uses will be compatible with adjacent residential
districts. The site falls within the Highway 10 Overlay
District. Those heightened district design standards will
further insure the site's compatibility with adjacent uses
when it is developed.
STAFF RECOMMENDATION
Staff recommends approval of the requested 0-1 zoning. 0-1
conforms to the adopted Plan and is compatible with other
development in the area.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
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 10 ayes, 0 noes and 1 absent.
3
May 29, 1997
ITEM NO.: 3 FILE NO.: Z-6304
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Oke Construction Company
Paul Amponsah
4120 John Barrow Road
Rezone from R-3 and 0-3 to C-3
Convert existing residence
into a beauty shop
.42± acres
Single family residence and
two vacant lots
SURROUNDING LAND USE AND ZONING
North - Single Family residence, zoned R-3
South - Vacant lots, zoned 0-3 and C-3
East - Vacant nonresidential building, zoned 0-3
West - Single family residences and vacant lot,
zoned R-3
PUBLIC WORKS COMMENTS
1. Dedicate right-of-way to 45 feet from centerline for John
Barrow Road.
2. Dedicate right-of-way to 30 feet from centerline for 42nd
Street with a 20 foot radial area dedicated at
intersection.
3. With any construction:
a. Site will need frontage brought up to Master Street
Plan standards for commercial street standards with
sidewalks.
b. Other ordinance provisions will be discussed with
applicant in a recommended pre -construction conference.
4. Existing 42nd Street is 24 feet wide with curb and gutter
and without sidewalk. Handicap ramp and sidewalk do
exist on John Barrow Road. John Barrow is a 4 lane
street with a 5 foot sidewalk at back of curb.
5. John Barrow Road has a 1995 average daily traffic count
of 6,800.
May 29, 1997
ITEM NO.: 3 (Cont.) FILE NO.: Z-6304
LAND USE ELEMENT
The site is located in the Boyle Park District. On May 9,
1996 the John Barrow Neighborhood Area Plan was adopted by
resolution by the City of Little Rock. As part of that
three year, joint planning effort by the area's residents
and city staff, a review of the Future Land Use Plan was
completed and agreed upon by the John Barrow community. The
requested rezoning is in conflict with the Plan which shows
the requested site as Office and Single Family Residential.
Staff recommends support for the John Barrow Plan and
against the rezoning.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route.
STAFF ANALYSIS
The request before the Commission is to rezone this .42±
acre tract from R-3 Single Family and 0-3 General Office to
C-3 General Commercial. The site consists of 3 lots located
at the northwest corner of John Barrow Road and West 42nd
Street. A one-story frame residential structure is located
on the center lot. The other two lots, one to the north of
the house and one to the south, are vacant. The applicant
proposes to convert the house into a beauty shop. The
southern two lots, including the one occupied by the house,
are zoned 0-3. The northern lot is zoned R-3.
The property is located in the John Barrow Community and the
majority of the properties within an 1/4 mile radius of this
site are zoned R-3. Most of these R-3 zoned properties are
occupied by single family homes although many of the lots
are vacant. There is a small nonresidential node directly
at the intersection of 42nd and John Barrow. A vacant
commercial building is located on the 0-3 zoned property at
the northeast corner of 42nd and John Barrow. Sober Living,
Inc., an establishment for the care of alcoholic or narcotic
patients, is located on the 0-3 zoned property at the
southeast corner of 42nd and John Barrow. The C-3 and 0-3
zoned properties on the west side of John Barrow, south of
42nd Street, are vacant and undeveloped. Single family
homes are located on the R-3 zoned properties adjacent to
the north and west of the subject property.
A lengthy process resulted in adoption, on May 9, 1996, of
the John Barrow Neighborhood Plan. This plan recommends
that properties at the intersection of 42nd and John Barrow
be office, not commercial. This C-3 request does not
2
May 29, 1997
ITEM NO.: 3 (Cont.) FILE NO.: Z-6304
conform to that recently adopted Plan. Staff does not
believe it is appropriate to amend the Plan. There are
available office and commercial properties in the immediate
area, including the vacant building across John Barrow and
the vacant lots across 42nd Street. The properties
immediately adjacent to this site are occupied by single
family homes which could be negatively impacted by the
proposed C-3 zoning.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
The applicant was not present. There were two objectors
present. One letter of opposition had been received by the
John Barrow Neighborhood Association. Staff informed the
Commission that the applicant had amended his rezoning
request from C-3 to 0-3. Since two of the lots were already
zoned 0-3, the request affected only the northern, R-3 zoned
lot. Staff stated that the Land Use Plan and John Barrow
Neighborhood area plan recommended an office node at the
intersection of West 42nd and John Barrow Road. This lot,
staff stated, was directly at the border of the area
identified by the Plan as Office and as Residential. It was
noted that the area zoned as Office on the east side of
Barrow Road was three lots deep. Staff stated that it was
appropriate to consider office for the one lot in question
since the Plan supported office at the intersection and
properties to the south and east were currently zoned 0-3.
George Brown, President of the John Barrow Neighborhood
Association, spoke in opposition to the proposed rezoning.
He stated that he had been unable to meet with the applicant
to discuss the rezoning. Mr. Brown stated that the
Association wished the northern lot to remain residential.
Harold Starr, of 3512 Malloy, spoke in opposition to the
rezoning. He stated that he owned property across Barrow
Road, to the northeast.
In response to a question from Commissioner Adcock, staff
stated that the applicant had faxed a letter near the noon
hour on May 29 amending the request to 0-3. Dana Carney, of
the Planning Staff, stated that he had made staff's position
clear to the applicant and, in response, the applicant
stated he would either amend the application to 0-3 or
withdraw it. Mr. Carney stated that he told the applicant
he would take the item to the Commission as amended to 0-3
and the applicant confirmed that amendment in writing.
K
May 29, 1997
ITEM NO.: 3 (Cont.) FILE NO.: z-6304
There was a discussion of the fact that the applicant was
not present. Mr. Carney stated that the applicant had
informed him that he might have a problem making it to the
meeting. Mr. Carney also stated that he had urged the
applicant to attend or to have an agent attend for him.
Commissioner Putnam and Woods stated that there was no
reason to punish the applicant for not attending.
Commissioner Woods asked staff if the Plan showed this
property as Office. Dana Carney responded that the office
designation on the Plan was so close that staff felt it was
appropriate to consider 0-3 for this lot, especially when
the adjacent zoning is taken into account. Mr. Carney also
noted that a beauty shop could not go in the 0-3 district,
byright.
Commissioner Woods noted that the 0-3 request appeared to
conform to the Plan and asked why the neighborhood
association was opposed to it. Mr. Brown stated that he was
not aware of the amendment until this meeting. He
reaffirmed that the association wished the northern lot to
remain residential.
In response to a question from the Commission, staff
responded that the properties at the intersection were zoned
office and commercial as a part of the annexation plans when
this area was brought into the City in the 19601x.
Commissioner Adcock questioned whether allowing this lot to
be rezoned office would set a precedent for future rezonings
further north on Barrow Road. Mr. Carney responded that it
was very clear that the Plan established an office node at
the intersection of 42nd and Barrow and that it was up to
the Commission to define the parameters of the node, whether
it is 2 or 3 lots wide. He stated that coming any further
away from the intersection would clearly be outside of the
area shown for office.
Commissioner Hawn urged the neighborhood association to
support its own plan which showed this area as office.
Commissioner Woods stated that he felt the 0-3 request was
reasonable and also urged the association to support the
Plan.
Mr. Brown stated that it was the neighborhood's position
that the Plan showed the two lots which are currently zoned
0-3 as Office and the other lots to the north as
residential.
Commissioner Putnam spoke in support of the 0-3 request.
4
May 29, 1997
ITEM NO.: 3 (Cont.) FILE NO.: Z-6304
Mr. Carney stated that it was clearly a matter of
interpretation as to what the Plan showed for this lot. He
stated that it was just as possible to interpret the Plan to
shown this lot as residential as it was to see it as Office.
Mr. Carney stated that the neighborhood association saw it
as residential and staff felt it was appropriate for office.
A motion was made to approve the application, as amended to
0-3. The motion was approved by a vote of 9 ayes, 1 noe and
1 absent.
May 29, 1997
ITEM NO.: 4 FILE NO.: Z-6305
Name: Turner Day Care Family Home
Special Use Permit
Location: 1700 Pinewood Drive
Owner/Applicant: Beulah Turner
Proposal: A special use permit is
requested to allow the
occupant of 1700 Pinewood
Drive to operate a day care
family home. The property is
zoned R-2.
STAFF ANALYSIS•
The occupant of 1700 Pinewood Drive is requesting a special
use permit to allow her to operate a day care family home at
that address. She is currently licensed by the Arkansas
Department of Human Services for 10 children. The hours of
operation are 6:00 a.m. to 6:00 p.m., Monday -Friday. The
business has been in operation for 4 years and the applicant
was recently notified that a special use permit is required.
The general purpose of Section 36-54 states: "Special use
permits provide a method of control over certain types of
land uses which, while not requiring the full review process
of the conditional use permits, do require some review
procedure which allows for determination of their
appropriateness within the neighborhood for which they are
proposed and for public comment." These uses include bed
and breakfast hotels, family care facilities and day care
family homes.
The site and location criteria established by the Zoning
Ordinance for day care family homes are as follow:
a. This use may be located only in a single-family home,
occupied by the care giver.
b. Must be operated within licensing procedures
established by the State of Arkansas.
C. The use is limited to ten (10) children including the
care givers.
d. The minimum to qualify for special use permit is six
(6) children from households other than the care
givers.
May 29, 1997
ITEM NO.: 4 (Cont.) FILE NO.: z-6305
e. This use must obtain a special use permit in all
districts where day care centers are not allowed by
right.
1700 Pinewood Drive is located within a single family
neighborhood. All surrounding properties are zoned R-2 and
are occupied by single family homes. Highland Park, a large
Housing Authority project is being redeveloped one block to
the north of this site. The site contains a one-story brick
and frame residential structure which is typical of homes in
the neighborhood. The property has a rear yard enclosed by
a 4 foot tall chain link fence which provides adequate play
area. The site also has a single -wide driveway with room
for two vehicles.
The primary use of the property will remain single family
residential. No signage will be permitted other than that
allowed in single family zones. The applicant already has
her state license and has been in business for 4 years with
no apparent adverse impact on the neighborhood.
STAFF RECOMMENDATION
Staff recommends approval of the special use permit to allow
a day care family home subject to the site and location
criteria established in Section 36-54.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
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
subject to compliance with the site and location criteria of
Section 36-54. The vote was 10 ayes, 0 noes and 1 absent.
May 29, 1997
ITEM NO.: 5 FILE NO.: Z-6306
Name: Freeman Day Care Family Home
Special Use Permit
Location: 3805 Pine Cone Drive
Owner/Applicant: Earnestine Freeman
Proposal: A special use permit is
requested to allow the
occupant of 3805 Pine Cone
Drive to operate a day care
family home. The property is
zoned R-2.
STAFF ANALYSIS•
The occupant of 3805 Pine Cone Drive is requesting a special
use permit to allow her to operate a day care family home at
that address. She is currently licensed by the Arkansas
Department of Human Services for 10 children. The hours of
operation are 5:00 a.m. to 5:00 p.m., Monday -Friday. The
business has been in operation for 11 years and the
applicant was recently notified that a special use permit is
required.
The general purpose of Section 36-54 states: "Special use
permits provide a method of control over certain types of
land uses which, while not requiring the full review process
of the conditional use permits, do require some review
procedure which allows for determination of their
appropriateness within the neighborhood for which they are
proposed and for public comment." These uses include bed
and breakfast hotels, family care facilities and day care
family homes.
The site and location criteria established by the Zoning
Ordinance for day care family homes are as follow:
a. This use may be located only in a single-family home,
occupied by the care giver.
b. Must be operated within licensing procedures
established by the State of Arkansas.
C. The use is limited to ten (10) children including the
care givers.
d. The minimum to qualify for special use permit is six
(6) children from households other than the care
givers.
May 29, 1997
ITEM NO.: 5 (Cont.) FILE NO.: Z-6306
e. This use must obtain a special use permit in all
districts where day care centers are not allowed by
right.
3805 Pine Cone Drive is located in a single family
neighborhood south of Baseline Road and west of Hilaro
Springs Road. All surrounding properties are zoned R-2 and
are occupied by single family homes. Several duplexes and
multifamily dwellings are located to the northeast, along
American Manor at Hilaro Springs. There are several
nonconforming businesses scattered along Hilaro Springs
Road. The site contains a one story brick and frame
residential structure which is typical of homes in the
neighborhood. The entire yard is enclosed by a 4 foot tall
chain link fence, providing adequate play area. The site
also contains a single wide driveway with room for two cars.
The primary use of the property will remain single family
residential. No signage will be permitted beyond that
allowed in single family zones. The applicant already has
her state license and has been in business for 11 years with
no apparent adverse impact on the neighborhood.
STAFF RECOMMENDATION
Staff recommends approval of the special use permit to allow
a day care family home subject to compliance with the site
and location criteria established by Section 36-54.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
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
subject to compliance with the site and location criteria of
Section 36-54. The vote was 10 ayes, 0 noes and 1 absent.
2
May 29, 1997
ITEM NO.: 6 FILE NO.: Z-6307
Name:
Location:
Williamson Day Care Family
Home Special Use Permit
14245 Colonel Glenn Road
Owner/Applicant: Malcolm and Shana Williamson
Proposal: A special use permit is
requested to allow the
occupants of 14245 Colonel
Glenn Road to operate a day
care family home. The
property is zoned R-2. The
applicants propose to operate
the day care in a detached
building, separate from the
house. The property is
outside of the city limits but
within the City's
extraterritorial jurisdiction.
STAFF ANALYSIS•
The prospective occupants of 14245 Colonel Glenn Road are
requesting a special use permit to allow them to operate a
day care family home at that address. The applicants
propose to actually operate the day care in a detached, two-
story building located behind the house. This arrangement
has been approved by the Arkansas Department of Human
Services. A variance is requested from the site and
location criteria of Section 36-54 which requires the use to
be located only in a single family home.
The general purpose of Section 36-54 states: "Special use
permits provide a method of control over certain types of
land uses which, while not requiring the full review process
of the conditional use permits, do require some review
procedure which allows for determination of their
appropriateness within the neighborhood for which they are
proposed and for public comment." These uses include bed
and breakfast hotels, family care facilities and day care
family homes.
The site and location criteria established by the zoning
Ordinance for day care family homes are as follow:
a. This use may be located only in a single-family home,
occupied by the care giver.
May 29, 1997
ITEM NO.: 6 (Cont.) FILE NO.: Z-6307
b. Must be operated within licensing procedures
established by the State of Arkansas.
C. The use is limited to ten (10) children including the
care givers.
d. The minimum to qualify for special use permit is six
(6) children from households other than the care
givers.
e. This use must obtain a special use permit in all
-districts where day care centers are not allowed by
right.
14245 Colonel Glenn Road is located outside of the City but
within the City's extraterritorial subdivision and zoning
jurisdiction. The city limits are approximately 1.5 miles
to the east. The area is very rural in nature. Uses in the
area consist primarily of single family homes on large
tracts of property. The Humane Society is located
approximately 1/4 mile to the west. Other uses in the area
include large horse farms and a scattering of various
nonconforming small businesses. This site was once occupied
by a nonconforming landscape service company which has
recently relocated. The 1.9± acre site contains a one story
brick home and several outbuildings including a smaller, two
story accessory building which is located behind the home.
The applicant proposes to operate the day care family home
in this two story accessory structure which is heated and
cooled and contains a restroom. The property is heavily
landscaped and is screened from the road by a combination of
fencing and landscaping. There is a large, gravel parking
area left from the previous occupancy which is sufficient
for this proposed use.
Staff believes the requested variance to allow use of the
two story accessory building is reasonable if the State will
permit it. The site is nearly 2 acres in size and use of
the structure should not have an impact on adjacent
properties. The number of children will not exceed 10 and
no other variances are requested.
The primary use of the property will remain single family
residential. No signage will be allowed beyond that
permitted in single family zones.
STAFF RECOMMENDATION
Staff recommends approval of the requested special use
permit to allow a day care family home subject to compliance
with the site and location criteria established in Section
36-54. Staff recommends approval of a variance to allow use
K
May 29, 1997
ITEM NO.: 6 (Cont.) FILE NO.: Z-6307
of the two story accessory structure for the day care family
home subject to approval by the regulatory state agency.
PLANNING COMMISSION ACTION: (MAY 29, 1997)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
Staff also recommended approval of the variance to allow use
of the accessory structure for the day care family home.
The item was placed on the Consent Agenda and approved
subject to compliance with the site and location criteria of
Section 36-54. The Commission also approved the variance to
allow use of the accessory structure subject to approval by
the regulatory state agency. The vote was 10 ayes, 0 noes
and 1 absent.
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May 29, 1997
There being no further business before the Commission, the
meeting was adjourned at 4:30 p.m.
Date Cl
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