pc_03 19 1998sub+ .1
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
MARCH 19, 1998
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven in number
(all members).
II. Approval of the Minutes of
February 5, 1998 and
February 19, 1998 Meetings.
The minutes were
approved as mailed.
III. Members Present:
Richard Downing
Craig Berry
Rohn Muse
Judith Faust
Hugh Earnest
Herb Hawn
Larry Lichty
Bill Putnam
Mizan Rahman
Obray Nunnley
Pam Adcock
Members Absent:
None
City Attorney:
Stephen Giles
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
MARCH 19, 1998
I. DEFERRED ITEMS:
A. Iris Addition - Preliminary Plat (S-1173)
B. Chenal Office Plaza --,,Short-Form POD(Z-3292-C)
C. Blair -- Short -Form PD -C (Z -4167-D)
D. Trumpet in Zion -- Short -Form POD (Z-6449)
E. Remmel Park - Conditional Use Permit (Z-6442)
II. PRELIMINARY PLATS:
1. Chenal Valley - Phase 15 (S -867 -LLL)
2. CALS Subdivision - Replat (S -1150-A)
3. Scarbrough Subdivision (S-1170)
4. Redditt Subdivision (S-1179)
III. PLANNED ZONING DEVELOPMENTS:
5. Adoniram Lodge -- Short -Form PD -0 (Z-6461)
IV. SITE PLANS REVIEW:
6. Saddle Brook - Subdivision Site Plan (S-1178)
7. River View Apartments - Subdivision Site Plan (5-1180)
V. CONDITIONAL USE PERMITS:
8. Otter Creek Village Car Wash - Conditional Use Permit
(Z -3454-G)
9. Taber Accessory Dwelling - Conditional Use Permit (Z-6455)
10. Charity General Baptist Church - Conditional Use Permit
(Z-6462)
10A. Home Depot - Revised Conditional Use Permit (Z -5668-D)
VI. OTHER MATTERS:
11. Alltel - Tower Use Permit (Z-6463)
12. Joshua Street Right -of -Way Abandonment (G-23-284)
13. Proposed Bylaw Amendment
14. Morgan Keegan Drive - Right -of -Way Dedication (5 -57 -DD)
March 19, 1998
ITEM NO.: A FILE NO.: S-1173
NAME: Iris Addition - Preliminary Plat
LOCATION: End of Zanzibar Street, south of Pride Valley Road
DEVELOPER•
ENGINEER•
Shirley P. Herndon Pat McGetrick
Trust #2 McGetrick Engineering
720 Zanzibar Street 11225 Huron Lane
Little Rock, AR 72211 Little Rock, AR 72211
AREA: 9.68 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING• R-2
PLANNING DISTRICT: 18
CENSUS TRACT: 42.07
VARIANCES/WAIVERS REQUESTED:
1. Variance for pipe stem lot (Tract 8AR).
2. Waiver of street improvements to Zanzibar Street.
A. PROPOSAL•
The applicant proposes to subdivide 9.68 acres into two (2)
single-family residential lots. There is an existing house
and manufactured home on Tract 8R. The property owner is
proposing Tract 8AR to provide her daughter with a site to
construct a single-family residence.
B. EXISTING CONDITIONS:
The site is partially cleared and partially wooded. A new
gravel access drive has been constructed to Tract 8AR.
Construction of a new residence has begun on Tract 8AR and a
small pond has been dug out.
March 19, 1998
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1173
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comment as of this
writing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Right-of-way 50 feet wide will need to be obtained for
the existing Zanzibar Street or Zanzibar Street will
need to be constructed per the "MSP" by the applicant in
the existing right-of-way.
2. Right-of-way dedication and construction of a cul-de-sac
turnaround at the end of Zanzibar is required.
3. Stormwater detention ordinance applies to this property.
4. Grading permit will be required on this new development,
if it disturbs more than one acre.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside service boundary. No comment.
AP&L: No comments received.
Arkla: No comments received.
Southwestern Bell: No Comments.
Water: Outside City. Water main extension required along
with execution of Pre -annexation Agreement and approval
by City. Acreage charge of $300/acre applies in addition
to normal connection charges.
Fire Department:
1. Show fire hydrants.
2. Drives should be 20 feet wide.
County Planning: Outside city limits. No comments
received.
CATA: No comments received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues: No Comments.
Other Issues:
1. Provide source of title for existing Zanzibar Street.
2. Provide plan for moving Zanzibar Street or rededicating
the right-of-way to align with the existing roadway.
March 19, 1998
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: 5-1173
G. ANALYSIS•
As of this writing, the outstanding issues related to
Zanzibar Street have not been resolved. Staff feels that a
deferral is needed to allow the applicant additional time to
work out these issues and meet with the Planning and Public
Works Staffs for discussion.
H. STAFF RECOMMENDATIONS:
Staff recommends deferral of this item to the March 19, 1998
Subdivision agenda.
SUBDIVISION COMMITTEE COMMENT:
Pat McGetrick was present, representing the application. Staff
gave a brief description of the plat.
The main topic of discussion was the Zanzibar Street issue.
Solutions to the existing situation were discussed. These
included dedicating new right-of-way at the existing street
location, abandoning the old right-of-way and constructing a
gravel T -turnaround at the end of the street.
The Committee asked Mr. McGetrick to locate the owner of the
property where the existing Zanzibar Street is located and
determine if new right-of-way can be dedicated. The Committee
asked Mr. McGetrick to try and resolve this issue prior to the
public hearing.
After a brief discussion, the Committee accepted the presentation
and forwarded the issue to the full Commission for final action.
PLANNING COMMISSION ACTION:
(FEBRUARY 5, 1998)
Staff informed the Commission that the applicant had requested a
deferral of the item to the March 19, 1998 agenda.
The Chairman placed the item on the Consent Agenda for deferral.
The item was deferred to the March 19, 1998 agenda by a vote of
11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Pat McGetrick was present, representing the application. Mr.
McGetrick informed the Commission that he would like to withdraw
the application without prejudice.
3
March 19, 1998
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: 5-1173
A motion was made to withdraw the application without prejudice.
The motion passed by a vote of 11 ayes and 0 nays. The
application was withdrawn.
4
March 19, 1998
ITEM NO.: B FILE NO.: Z -3292-C
NAME: Chenal Office Plaza - Short -Form P.O.D.
LOCATION: Southwest corner of West Markham Street and
Atkins Road
DEVELOPER•
ENGINEER•
Ramsey Ball Pat McGetrick
11225 Huron Lane McGetrick Engineering
Little Rock, AR 72211 11225 Huron Lane
Little Rock, AR 72211
AREA: 4.88 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING: 0-3 ALLOWED USES: General Office
PROPOSED USE: General Office and C-3
permitted uses
VARIANCES/WAIVERS REQUESTED:
None requested.
BACKGROUND•
This property was rezoned from Single -Family to 0-3 Office on
January 16, 1979. A rezoning request to C-3 was denied by the
Planning Commission on March 26, 1985. Part of the property was
proposed to be rezoned to PCD in 1993. That request was
withdrawn.
A. PROPOSAL•
The applicant proposes to rezone the 4.88 acre tract to POD.
The applicant proposes to construct two (2) buildings on the
property with an associated parking lot. The larger
building will be two -stories in height and contain 40,500
square feet of office space. The other building will be one
story and contain 18,000 square feet of office and
commercial space.
The applicant also proposes a tower pad to be located along
the west property line. This would be for a tower site for
March 19, 1998
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z -3292-C
one of the tenants of the office building. There are 310
parking spaces shown on the site plan.
B. EXISTING CONDITIONS:
The site is vacant and undeveloped. Most of the trees have
been removed from the site over time.
The property across Atkins Street to the east and West
Markham Street to the north is zoned Commercial. Adjacent
zoning to the west include R-2, 0-3 and C-3. Single-family
residential zoning and uses are located to the south.
C. NEIGHBORHOOD COMMENTS:
Staff has received no public comments as of this writing.
The Parkway Place Neighborhood Association was notified of
the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Dedication of right-of-way will be required to 30 feet
from centerline of West Markham Avenue, and Atkins Road.
A 20 feet radial dedication is required at northwest
corner of property.
2. Provide design of streets conforming to "MSP" (Master
Street Plan). Construct one-half street improvements to
these streets including 5 foot sidewalks.
3. Parking lot "T" intersection must be 75 feet minimum
from right-of-way for entrances from West Markham and
Atkins.
4. Move West Markham entrance to 100 feet minimum from
Atkins right-of-way.
5. Stormwater Detention Ordinance applies to this property.
6. Applicant must request closure of Lorena Avenue and
Malekin Street through Public Works.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available on site. Contact Little Rock
Wastewater Utility for details.
AP&L: Easements requested:
15 feet along the east and north property lines.
20 feet along the south property line.
Arkla: No comments received.
Southwestern Bell: A 10 foot easement required along the
south and west property lines.
Water: The Water Works has a main in Lorena Dr. We
request Lorena Dr. be retained as a utility easement. On
site fire protection may be required.
E
March 19, i:08
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z -3292-C
Fire Department: Show fire hydrants.
County Planning: No Comment - inside city limits.
LATA: No comments received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division:
The site is in the Ellis Mountain District and is shown on
the Plan for Office. The area to the south of the site
along Lorena Avenue is Single Family on the Land Use Plan.
There needs to be well designed buffering to protect the
Single Family from the vast amount of parking. The
placement of the dumpster at the southwest corner adjacent
to this single family is inappropriate and should be moved
to an internal placement within the development. As the
site is shown as Office the northern 18,000 square feet
building should not be developed as a strip commercial
center and should have office as its majority use.
Landscape Issues:
The plan submitted does not provide for the 14 foot wide
street buffer along Atkins Road. To comply with this full
buffer requirement it would be necessary to delete the
proposed front row of parking facing Atkins Road. Also, the
land use buffer where Malekin Street is to be closed should
not drop below a width of 9 feet. Additional building
landscaping between the public parking areas and building is
required by the Landscape Ordinance.
The areas set aside for interior landscaping only meets with
the bare minimums of the Landscape Ordinance. Therefore, it
is recommended that additional interior landscaping be
installed to help brake up the sea of asphalt.
The proposed dumpster located toward the southwest corner of
the property should be moved further away from property with
residential use. A possible location could be adjacent to
the other dumpster located toward the center of the site.
A 6 foot high opaque screen is required to screen all
adjacent residential zones. If there are to be no windows
or doors (other than those required by the Fire Department)
west of the proposed northernmost building no additional
screening in that area is required. Prior to a building
permit being issued, three copies of a detailed landscape
plan must be submitted to and approved by Bob Brown, Plans
Review Specialist. He may be reached at 371-4864.
March 19, x:08
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: z -3292-C
G. ANALYSIS:
There are several issues left to be resolved. Those include
the following:
1. Details on the tower issue.
2. Site lighting.
3. Signage plan.
4. Dumpster location.
5. Number of parking spaces.
6. Amount of commercial uses and specific uses.
7. Buildings' design characteristics.
Following the Subdivision Committee meeting, the applicant
requested a deferral of this item in order to address these
issues and the issues noted in paragraphs D, E and F.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the deferral request. The item
will be deferred to the March 19, 1998 agenda. A revised
site plan will need to be presented to the Subdivision
Committee prior to February 26, 1998.
SUBDIVISION COMMITTEE COMMENT:
Pat McGetrick and Ramsey Ball were present, representing the
application. Staff gave a brief review of the rezoning.
The various staff concerns and Public Works Comments were
discussed. Bob Brown discussed the landscape and buffer
requirements.
The applicants indicated that a revised plan would be worked out
and submitted to staff.
The Committee accepted the presentation after further discussion
and forwarded the issue to the full Commission for resolution.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 1998)
Staff informed the Commission that the applicant had requested a
deferral of the item to the March 19, 1998 agenda.
The Chairman placed the item on the Consent Agenda for deferral.
The item was deferred to the March 19, 1998 agenda by a vote of
11 ayes, 0 noes and 0 absent.
4
March 19, !v98
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z -3292-C
STAFF UPDATE:
On February 26, 1998, the applicant submitted a letter to staff
requesting that the item be deferred to the April 30, 1998
agenda. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Staff informed the Commission that the applicant had submitted a
letter requesting that the item be deferred to the April 30, 1998
agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for deferral to the April 30, 1998
agenda. A motion to that effect was made. The motion passed by
a vote of 11 ayes and 0 nays.
k,
March 19, 1998
ITEM NO.: C FILE NO.: Z -4167-D
NAME: Blair - Short -Form PD -C
LOCATION: 9715 Colonel Glenn Road
DEVELOPER•
ENGINEER•
Daniel Utility Pat McGetrick
9715 Colonel Glenn Road McGetrick Engineering
Little Rock, AR 72204 11225 Huron Lane
Little Rock, AR 72211
AREA: 1.02 Acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING: 0-3 ALLOWED USES: Office
PROPOSED USE: Office, inside storage of
equipment and supplies
(warehouse), parking of
service trucks (3/4 ton or
less).
VARIANCES/WAIVERS REQUESTED:
None requested.
BACKGROUND:
The property was rezoned from R-2 to 0-3 on March 20, 1984
(Ordinance #14,623). On May 30, 1989 the Planning Commission
denied a requested zoning to C-4. On August 22, 1989 the
Commission also denied a re -zoning request to Short -Form PCD.
The applicant was proposing to utilize the property for temporary
storage of repossessed vehicles. Staff recommended denial of
both rezoning requests as being inappropriate to this area.
On September 10, 1991 the Planning Commission approved a
conditional use permit to allow an office, showroom/warehouse on
the property. This approval was for a business which provided
and serviced cable boxes for cable companies. Currently, a
utility business is operating in violation of the approved
conditional use permit and the Zoning Ordinance. This is due to
the fact that there is outdoor storage of vehicles and materials
which extends well onto the R-2 zoned property to the south.
March 19, 4Y98
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z -4167-A
A. PROPOSAL:
The applicant proposes to rezone the 1.02 acre site to PD -C.
The applicant proposes the continuing operation of a utility
maintenance business at - this -location. There would be 5,800
square feet of building addition for the enclosed storage of
equipment and supplies. Additional parking is proposed for
employees as well as service trucks.
The applicant states that there will be no additional
signage on the property. Any site lighting will be low-
level and directed away from the adjacent R-2 zoned
properties.
B. EXISTING CONDITIONS:
The site currently contains an office/warehouse building and
associated parking areas. There is a large amount of
outside storage of equipment and materials in the side and
rear yards, extending approximately 200 feet onto the R-2
zoned property immediately south.
C. NEIGHBORHOOD COMMENTS:
Staff has received no public comments as of this writing.
The Westbrook and Barrow Neighborhood Associations were
notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Colonel Glenn Road is listed on the Master Street Plan
as a principal arterial, dedication of right-of-way to
55 feet from centerline will be required.
2. Provide design of left turn lane with 75 feet stacking
and 100 feet transition on Colonel Glenn Road conforming
to "MSP" (Master Street Plan). Construct one-half
street improvements to these streets including 5 foot
sidewalks, or provide in -lieu contribution.
3. Stormwater detention ordinance applies to this property.
4. A grading permit and development permit for special
flood hazard area are required prior to construction.
5. Provide striping and signage plans for the development,
for Traffic Engineering approval.
6. Colonel Glenn has a 1995 average daily traffic count of
5,800 vehicles.
7. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
8. Contact the AHTD for work within the State Highway
right-of-way.
2
March 19, 1998
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: z -4167-A
9. Parking lot cannot extend into right-of-way (55 feet
from centerline).
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements
to serve property.
AP&L: No comments received.
Arkla: No comments received.
Southwestern Bell: No Comments.
Water: The Fire Department needs to evaluate this area to
determine whether an additional public and/or private
fire hydrant(s) will be required.
Fire Department: Show fire hydrants.
County Planning: No Comment - inside city limits.
CATA: POSSIBLE AFFECT. Route #14 is in the vicinity of
the proposed PDC. It looks as though there would be
sufficient R -O -W for bus stop, however, it is some distance
for a pedestrian to walk from the street to the
office/storage space.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division:
Shown on the Plan as Single Family in the 65th Street West
District, this site was denied an amendment to the Plan to
Commercial by the Planning Commission (0 for, 10 nays, 1
absent). The area west of Panther Creek is shown on the
Plan for Light Industrial use. The area is a mix of
industrial and single family uses. The creek has a large
flood plain, which is shown on the City Parks Master Plan as
a First Priority acquisition Open Space. The area east of
the creek is vacant; where developed use is mixed. The Plan
uses the creek as the dividing line between nonresidential
and single family uses.
Currently, Colonel Glenn is a two lane "rural" road. To the
east is the intersection of Colonel Glenn and Stagecoach
Roads which is a major intersection (two principal
arterials). The Land Use Plan recommends Commercial use at
this intersection. Between the Creek and this commercial
area is Marigold. This street is a residential, single
family, area of about a dozen homes. In 1997, the
Commission was asked to rezone a vacant parcel at Marigold
and Colonel Glenn Road to commercial. The Land Use Plan
recommended the change; however, the residents were strongly
opposed. After much debate the zoning request was denied.
3
March 19, 1998
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z -4167-A
The Commission indicated they wished the Plan to be changed
from Neighborhood Commercial to Single Family. At the
request of the Neighborhood and Commission, Staff prepared a
plan amendment to make this change. The Board of Directors
approved the Plan change in June of 1997.
The site in question represents about a third of the
property between the Marigold residential and the creek.
The City's previous actions of supporting the single family
require the opposition to a change to commercial here.
Staff recognizes that some of the site is already zoned
office. However, if the City is serious about preserving
and strengthening the existing residential area, no change
from residential can be supported.
Landscape Issues:
with the additional right-of-way dedication, the proposed
plan does not provide the required 31 foot average on site
buffer width required along Colonel Glenn Road. The minimum
width required at any given point is 6 feet.
Six percent of the interior of the vehicular use area must
be landscaped with interior islands.
A 6 foot high opaque screen, either a wood fence with its
face side directed outward or dense evergreen plantings are
required to screen business activity from adjacent
residential properties.
This site will be required to be brought into compliance
with the Landscape Ordinance. Prior to a building permit
being issued, three copies of a detailed landscape plan must
be submitted to and approved by Bob Brown, Plans Review
Specialist. He may be reached at 371-4864.
G. ANALYSIS•
The applicant submitted a revised site plan on January 22,
1998 which appears to address most of the technical issues
as raised by the Subdivision Committee. However, the area
of pavement for vehicular parking has been expanded and now
extends well onto the R-2 zoned tract immediately south of
the current 0-3 zoning. Part of the proposed new building
also extends onto the R-2 tract.
The applicant also submitted a letter with the revised plan
stating that they have agreed to the right-of-way dedication
and will contribute 15% in -lieu for street improvements to
Colonel Glenn.
4
March 19, 1998
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z -4167-A
H. STAFF RECOMMENDATIONS:
Staff recommends denial of the rezoning request. The
proposed zoning does not conform to the City's Future Land
Use Plan and staff feels that the proposed use would be
inappropriate to the area.
SUBDIVISION COMMITTEE COMMENT:
Pat McGetrick was present, representing the application. Staff
gave a brief description of the proposal.
The Public Works Comments were discussed. This included the
dedication of additional right-of-way and street improvements to
Colonel Glenn Road. Mr. McGetrick indicated that the applicant
would apply for a waiver of street improvements.
After a brief discussion of other technical issues, including
landscape requirements, the Committee forwarded the issue to the
full Commission for final action.
PLANNING COMMISSION ACTION:
(FEBRUARY 5, 1998)
Staff informed the Commission that the applicant had requested a
deferral of the item to the March 19, 1998 agenda.
The Chairman placed the item on the Consent Agenda for deferral.
The item was deferred to the March 19, 1998 agenda by a vote of
11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Staff gave a brief description of the proposal and a
recommendation of denial.
Pat McGetrick was present, representing the application. Mr.
McGetrick passed out photos and information relating to the site.
He stated that the property owners have been working with the
neighbors and have made revisions in the site plan. He stated
that there were still a few items that needed to be worked out
and requested a deferral to the April 30, 1998 meeting.
Staff informed the Commission that this would be the applicant's
second deferral.
A motion was made to defer the item to the April 30, 1998 agenda.
The motion passed by a vote of 10 ayes and 1 nay.
5
March 19, 1998
ITEM NO.: D FILE NO.: Z-6449
NAME: Trumpet in Zion - Short -Form P.O.D.
LOCATION: 900 S. Pine Street
DEVELOPER:
ENGINEER•
Trumpet in Zion Ministries None
900 S. Pine Street
Little Rock, AR 72204
AREA: 1.74 Acres NUMBER OF LOTS: 12 FT. NEW STREET: 0
ZONING: R-4 ALLOWED USES: Church
PROPOSED USE: Church, daycare, educational
center, bookstore, video/audio
production facility,
commercial print shop.
VARIANCES/WAIVERS REQUESTED:
None requested.
BACKGROUND•
The current use of this property is the Trumpet in Zion
International Ministries, Inc. The church has a 2,000 plus
member congregation and is the parent church of 25 covenant
churches in Arkansas, Texas, Kansas, Missouri and Oklahoma.
A. PROPOSAL•
The applicant proposes to utilize approximately 7,504 square
feet (25%) of the existing church building for the
additional church -related uses as outlined below. There is
no new construction planned and primary use of the building
will remain as the church and church -offices (75%).
The proposed additional church -related uses are as follows:
1. Not Home Alone Daycare
• Maximum capacity of 84 students
• 8 full-time employees, 5 part-time employees,
3 staff
March 19, 1y98
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6449
• operating hours: 6:00 a.m.
- 6:00
p.m.
Mon. - Fri.
6:00 p.m.
- 10:00
p.m.
Mon. - Fri.
10:00 a.m.
- 2:00
p.m.
Sunday
6:00 p.m.
- 10:00
p.m.
Sunday
• Area: 4,0.00 square feet
p.m.
- 10:00
p.m. Sunday
2. Destiny Outreach School
• Maximum enrollment of 120 students (Grades 1-12)
• 6 teachers and 3 staff
• operating hours: 8:50 a.m. - 3:40 p.m. Mon. - Fri.
• Area: 2,065 square feet
3. Trumpet in Zion Bookstore
• Serves the congregation
and
general
public
• 6 part-time employees
•
2 full-time employees
• operating hours: 11:00
a.m.
- 2:00
p.m. Tues. - Fri.
10:00
a.m.
- 2:00
p.m. Sunday
6:00
p.m.
- 10:00
p.m. Sunday
• Area: 850 square feet
•
Serves the congregation and
general
4. Printing 4U Services
•
Serves churches, organizations and the business
community.
•
2 full-time employees
•
operating hours: 9:00 a.m.
- 5:00 p.m.
Mon. - Fri.
•
Area: 415 square feet
5. Trumpet in Zion - TV and Video
•
Serves the congregation and
general
public
•
3 part-time employees
•
Operating hours: 6:00 p.m.
- 8:00
p.m. Tuesday
6:00 p.m.
- 10:00
P.M. Thursday
10:00 a.m.
- 1:00
p.m. Sunday
6:00 p.m.
- 10:00
p.m. Sunday
•
Area: 174 square feet
B. EXISTING CONDITIONS:
The site, which encompasses as entire block, contains an
existing 29,153 square foot church building and associated
parking areas.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received two (2) phone calls
from concerned citizens. The Pine to Woodrow, Forest Hills,
2
March 19, 1998
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6449
and Capitol View Stifft Station Neighborhood Associations
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Dedication of right-of-way to 30 feet from centerline of
9th and 10th Streets are required including 20 foot
radial dedication at each intersection.
2. Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards with any planned
construction.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available, not adversely affected.
AP&L: No comments received.
Arkla: No comments received.
Southwestern Bell: No Comments.
Water: No Comments.
Fire Department: No Comments.
County Planning: No Comment - inside city limits.
CATA: No comments received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division:
Located in the I-630 Plan District the site is shown as
Public Institutional. Office is shown on the Plan to the
east and west with Low Density Residential to the south.
The extended uses are linked to the Trumpet in Zion and are
part of the ministry's operation. They meet the spirit of
the Plan, as long as the church continues to be the dominate
use. No independent signage for these uses should be
allowed.
Landscape Issues: No Comments.
G. ANALYSIS•
The additional uses proposed for the property are part of
the Trumpet in Zion Ministry operation. As noted in
paragraph A, the operating times vary for the proposed uses.
There are approximately 133 parking spaces on the site.
3
March 19, 1998
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6449
This should be sufficient for the additional uses during the
week when church services are not in session.
Compliance with the Planning Division Comments as noted in
paragraph F, the proposed additional uses should not have an
adverse impact on the area.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the rezoning to POD subject to
the following conditions:
1. The church must continue to be the dominate use of the
property and the added uses must be ancillary uses to
the church use.
2. No additional signage for the ancillary uses.
3. Compliance with the Public Works Comments
SUBDIVISION COMMITTEE COMMENT:
Odies Wilson along with other members of the church were present,
representing the application.
Staff asked for additional information on the proposed uses,
including hours of operation and number of students and
employees. Mr. Wilson stated that a letter would be submitted to
staff with the additional information.
Mr. Wilson indicated that the church would dedicate the required
right-of-way. He informed Public Works that there would be no
new construction.
After a brief discussion, the Committee forwarded the issue to
the full Commission for resolution.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 1998)
Odies Wilson was present, representing the application. Staff
gave a description of the proposal, noting that letters of
opposition had been received from three neighborhood
associations. Staff noted that the notification to the
surrounding property owners was not done according to the bylaws
and that the Commission would need to waive the bylaws to accept
the notification and proceed with the public hearing.
Mr. Wilson addressed the Commission. He stated that the church
office personnel did not send the notices certified mail by
mistake.
4
March 19, i198
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6449
There was a brief discussion between the Commission, Mr. Wilson
and the City Attorney as to whether a waiver of the bylaws would
be in order.
A motion was made to defer the item to the March 19, 1998 agenda.
This would allow the applicant --time to re -mail the notices
(certified mail) and meet with the neighborhood groups. The
motion passed by a vote of 11 ayes and 0 noes.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Odies Wilson was present, representing the application. There
were no objectors present. Staff gave a brief description of the
proposal and a recommendation of approval with conditions.
Odies Wilson addressed the Commission in support of the
application. He stated that the church had met with the Forest
Hills and Pine to Woodrow Neighborhood Associations. He stated
that the main concern from the neighborhood was the parking
situation during church services. He stated that the church
would do whatever possible to help the parking problem during
church services. He stated that there would be no new
construction and that the added uses would use existing building
space. He stated that the uses would add to the economic
development in the area.
Commissioner Muse asked staff to confirm that three letters in
opposition were received from neighborhood associations.
Staff confirmed the fact.
Commissioner Muse asked Mr. Wilson if any of the proposed uses
were already in operation.
Mr. Wilson stated that all of the proposed uses were operational
in some form.
Commissioner Faust asked staff what would constitute the dominate
use (church) of the property.
Monte Moore of the Planning Staff, noted that staff wanted the
church to remain on the site and not move from the site and leave
the accessory uses there.
Mr. Wilson noted that only 25 percent of the building would be
used for the accessory uses.
Commissioner Nunnley asked Public Works if any signage
prohibiting parking would be posted in the area.
61
March 19, 1y98
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6449
David Scherer, of Public Works, stated that he would have the
traffic engineer look at the area and determine if any parking
signage is needed.
There was a general discussion regarding on -street parking in the
area and parking -during church services, funerals, weddings, etc.
There was also discussion relating to parking during the week.
Mr. Wilson stated that the church leases approximately 60 parking
spaces to the health department for overflow parking (Monday -
Friday).
Chairman Lichty asked what the parking requirement is for the
accessory uses.
Monte Moore, of the Planning Staff, explained that the accessory
uses require approximately 74 spaces and the existing parking
should be sufficient to handle the parking for the accessory uses
and the leased overflow parking for the health department.
There was additional discussion relating to parking issues.
A motion was made to approve the application as recommended by
staff. The motion passed by a vote of 9 ayes and 2 nays.
March 19, 1998
ITEM NO.: E FILE NO.: Z-6442
NAME: Remmel Park - Conditional Use
Permit
LOCATION: 5301 Lindsey Road
OWNER/APPLICANT: City of Little Rock Department
of Parks and Recreation
PROPOSAL: A conditional use permit is
requested to allow for the
expansion of facilities within
the existing City Park located
on this R-2 zoned property.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
The site is located on the east side of Lindsey Road,
north of I-440; between the interstate and Fourche
Creek.
2. Compatibility with Neighborhood:
This 30 acre park site is isolated by the interstate
and Fourche Creek. The freeway forms the southern
boundary and the large Fourche Creek floodway is
located to the north and east of the site. The nearest
development in any direction is separated from this
site by the freeway or the floodway.
Development of this site as a park is a reasonable use
of the land which should have no impact on adjacent
properties. There is no neighborhood association
within close proximity of the site.
3. On -Site Drives and Parking:
The site has an existing entry drive and 32 space
parking lot. 60 additional vehicle spaces and 19
vehicle/trailer spaces are proposed. Sufficient area
is available for construction of additional spaces, if
needed.
4. Screening and Buffers:
No comments.
March 19, 1998
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-6442
5. Public Works Comments:
1. Stormwater detention
property.
2. A grading permit and
flood hazard area ar
construction.
3. All driveways shall
Ordinance.
ordinance applies to this
development permit for special
required prior to
be concrete aprons per City
6. Utility and Fire Department Comments:
Water: No objection.
Wastewater: Sewer main extension required with
easements to serve property.
Fire Department: No hydrant will be required at this
time but any further construction beside the proposed
pavilion will require a fire hydrant.
Southwestern Bell: Approved as submitted.
CATA: The site is not located on a CATA bus route.
7. Staff Analysis:
The City of Little Rock Department of Parks and
Recreation is requesting a conditional use permit to
allow for expansion of facilities at the existing City
Park located at 5301 Lindsey Road. Currently,
facilities are very limited, consisting only of a
parking lot and a boat launching ramp. Proposed
improvements include a soccer field, a rugby
field/soccer field, an open air pavilion, playground,
restrooms, picnic areas, expanded parking areas,
drainage improvements and various landscape
enhancements. The property fronts the south bank of
Fourche Creek and comprises approximately 30 acres.
The Park has been on the Master Parks Plan since 1971.
The land was purchased as part of the Fourche Creek
Drainage project in the late 198019. Improvements are
funded by the 1995 Bond issue that appropriated
$300,000 for final development.
The park will be open from 7:00 a.m. to 10:00 p.m.
Locked gates will prohibit access during other hours.
The rugby and soccer fields will not be lighted.
2
March 19, 1998
SUBDIVISION
ITEM NO.: E (Cont.) FILE NO.: Z-6442
Staff believes this is an appropriate use for this
property which will have no impact on adjacent
properties. The site is segregated from other
properties by the Fourche Creek Floodway and the I-440
right-of-way.
8. Staff Recommendation:
Staff recommends approval of the requested conditional
use permit subject to compliance with Public Works,
Utility and Fire Department Comments.
SUBDIVISION COMMITTEE COMMENT:
(JANUARY 15, 1998)
A representative of the City Parks Department was present.
Staff presented the item. Hours of operation and site
lighting were discussed. After a brief discussion, the
Committee determined that there were no outstanding issues
and forwarded the item to the full Commission for final
resolution.
PLANNING COMMISSION ACTION:
(FEBRUARY 5, 1998)
The applicant was not present. There were no objectors
present. Staff informed the Commission that the applicant
had failed to follow the required notice procedure and the
item needed to be deferred.
The item was placed on the Consent Agenda and approved for
deferral to the March 19, 1998 Commission meeting. The vote
was 11 ayes, 0 noes and 0 absent.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Staff informed the Commission that there were no outstanding
issues associated with this item. There were no objectors
present.
The Chairman placed the item on the Consent Agenda for
approval as recommended by staff in particular in compliance
with Public Works, Utility and Fire Department Comments.
The item was approved by a vote of 11 ayes, 0 noes and
0 absent.
q
March 19, 1998
ITEM NO.: 1 FILE NO.: S -867 -LLL
NAME: Chenal Valley - Margaux Place Preliminary Plat (Phase 15)
LOCATION: South of Chenenceau Blvd. and East of Chenal Parkway
DEVELOPER:
ENGINEER•
Deltic Timber Corp. White-Daters and Assoc.
#7 Chenal Club Blvd. 401 Victory
Little Rock, AR 72211 Little Rock, AR 72201
AREA: 106.67 acres NUMBER OF LOTS: 132 FT. NEW STREET: 7,100
ZONING• R-2
PLANNING DISTRICT: 19
CENSUS TRACT: 42.06
VARIANCES/WAIVERS REQUESTED:
1. A variance to allow two (2) pipestem lots (#80 and 81,
Block 51).
2. A variance for cul-de-sac length of Marguax Drive.
A. PROPOSAL:
The applicant proposes to subdivide 106.67 acres into 132
single-family residential lots with 7,100 linear feet of new
streets.
B. EXISTING CONDITIONS:
This is a heavily wooded area on rolling terrain much like
land developed to the east along Hinson Road and north to
Hwy. 10. There are no physical improvements at this time.
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comment as of this
writing.
March 19, 1998
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S -867 -LLL
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Chenal Parkway is to be improved to Chenal Parkway
standards prior to the platting the 600th lot on the
north face.
2. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
3. NPDES and grading permits are required prior to
construction, site grading and drainage plan will need
to be submitted and approved. (Fill lots adjacent to
large drainage above 100 year expected flows).
4. Stormwater detention ordinance applies to this property.
5. Easements for proposed stormwater detention facilities
are required.
6. Easements for proposed storm drainage are required.
7. On site striping and signage plans should be forwarded
to Public Works, Traffic Engineering for approval with
the site development package.
8. Obtain permits (barricade/street cut) for improvements
within proposed or existing right-of-way from Traffic
Engineering prior to construction in right-of-way.
9. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
10. Utility excavation within proposed right-of-way shall be
per Article V of Sec. 30.
11. Chenal Parkway has a 1995 average daily traffic count of
6100.
12. Margaux Drive at Chenal Parkway has a proposed traffic
generation of 1070 vehicles per day.
13. Cul-de-sac length exceeds maximum allowed -redesign or
seek waiver.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required with easements
to serve property.
AP&L: No comments received.
ARKLA: No comments received.
Southwestern Bell: 5 foot easements requested along street
frontages.
E
March 19, 1998
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: 5 -867 -LLL
Water: Water main extensions required. A 15 -foot wide
waterline easement will be required to tie into the
south end of Bayonne Dr.
Fire Department: 1. Only one access to subdivision
2. Place fire hydrants to code.
3. Turning radii should be at least 50 feet.
Counter Planning: No Comments.
CATA: The property is not on a Central Arkansas Transit
bus route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues: No Comments.
G. ANALYSIS•
On March 6, 1998, a revised preliminary plat was submitted
to staff. The revised preliminary plat addresses all of the
issues raised by the Subdivision Committee. The applicant
has shown the required sidewalks on Marcella Circle.
Nineteen of the lots within this subdivision have slopes
greater than 18% and fall within the hillside regulations
(10,000 square feet minimum lot size required). Of these
lots, 94% exceed the minimum lot size. The ordinance
requires that at least 80% of the lots meet the minimum size
requirements.
The applicant is requesting a variance to allow two (2) pipe
stem lots (Lots 80 and 81, Block 51). Staff supports the
variance request.
The applicant is also requesting a variance for cul-de-sac
length of Marguax Drive (maximum length of 1,000 feet
allowed by ordinance). The cul-de-sac as shown is
approximately 1,650 feet in length. Staff supports the
variance request.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the preliminary plat subject to
compliance with the conditions noted in paragraphs D and E.
Staff also recommends approval of the variances as noted in
paragraph G.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S -867 -LLL
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Tim Daters was present, representing the application. Staff gave
a brief description of the plat, and noted the deficiencies with
the plat and the filing.
The Public Works requirements and street issues were the main
topics of conversation. Bruce Kemmet, of Public Works, reviewed
his comments with the Committee.
Mr. Daters stated that a waiver of the sidewalk for Marcella
Circle would be requested (however, the revised plat shows the
sidewalk).
After a brief discussion, the Committee forwarded the plat to the
full Commission for final action.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
The staff presented a positive recommendation on this
application, as there were no further issues for resolution.
There were no objectors to this matter.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as recommended by staff.
A motion to that effect was made. The motion passed by a vote of
11 ayes and 0 nays. Commissioner Adcock abstained on the
variance request for two pipestem lots.
4
March 19, 1998
ITEM NO.: 2 FILE NO.: S -1150-A
NAME: CALS Subdivision - Replat of Tract 2
LOCATION: 300 Block of East Markham Street
DEVELOPER: ENGINEER:
Moses Nosari Real Estate The Mehlburger Firm, Inc.
201 East Markham P. 0. Box 3837
Little Rock, AR 72201 Little Rock, AR 72203
AREA: 0.269 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING• GB
PLANNING DISTRICT: 5
CENSUS TRACT• 1
VARIANCES/WAIVERS REQUESTED:
1. A variance for minimum lot width of Tract 2A.
A. PROPOSAL•
The applicant proposes to replat Tract 2 of the CALS
Subdivision into two (2) lots. The center, dividing lot
line will be the common wall between the two existing
buildings. This subdivision will allow the separate sale of
each building.
B. EXISTING CONDITIONS:
The general area contains a mixture of office and commercial
uses. The new main library is located immediately south of
this site with the River Market located to the northeast,
across West Markham Street.
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comment as of this
writing.
March 19, 1-498
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO • S -1150-A
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No Comments.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Utilities: No Comments.
Fire Department: No Comment.
County Planning: No Comment.
LATA: The property is on Central Arkansas Transit Downtown
bus routes.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues: No Comments.
G. ANALYSIS:
A revised plat was submitted to staff on March 5, 1998. The
revision addresses all outstanding issues as discussed in
the Subdivision Committee meeting.
Tract 2A of the proposed replat shows a lot width of 47.96
feet. Based on the fact that the width of the lots
originally platted within this block is 50 feet, the
replatted lots must also have a minimum width of 50 feet.
The applicant is requesting a variance from this
requirement. Staff supports the variance request.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the preliminary plat and of the
variance request for minimum lot width of Tract 2A.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Michael Watson was present, representing the application. Staff
gave a brief description of the plat.
2
March 19, Ij98
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: 5-1150-A
Staff noted several deficiencies with the plat and the filing.
After a brief discussion, the Committee accepted the presentation
and forwarded the plat to the full Commission for final action.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
The staff presented a positive recommendation on this
application, as there were no further issues for resolution.
There were no objectors to this matter.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as recommended by staff.
A motion to that effect was made. The motion passed by a vote of
11 ayes and 0 nays.
3
March 19, 1998
ITEM NO.: 3 FILE NO.: S-1170
NAME: Scarbrough - Preliminary Plat
LOCATION: Southwest corner of Arch Street Pike and Harley Road
DEVELOPER•
ENGINEER•
John R. Brock Ben Kittler, Jr.
701 N. Reynolds Rd.
Bryant, AR 72022
AREA: 1.73 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING: Not zoned
PLANNING DISTRICT: 14
CENSUS TRACT: 41.07
VARIANCES/WAIVERS REQUESTED:
None Requested.
A. PROPOSAL•
The applicant is proposing to subdivide 1.73 acres into two
(2) lots. The applicant is subdividing the property so that
Lot 2 can be sold to a separate party for the construction
of a new building.
B. EXISTING CONDITIONS:
Lot 1 contains an existing single-family residential
structure. Lot 2 is undeveloped but cleared. Some site
work has been done. Lot 2 is below the existing grade of
Arch Street and Harley Road.
The general area contains a mixture of residential,
commercial and industrial uses.
March 19, 1998
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1170
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comments as of this
writing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Arch Street Pike is listed on the Master Street Plan as
a principal arterial. A dedication of right-of-way will
be required to 55 feet from centerline.
2. Harley Road has a 20 foot wide pavement, dedication of
right-of-way to 30 feet from centerline for this
commercial street will be required.
3. A 20 foot radial dedication of right-of-way is required
at the intersection.
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 or provide in -lieu contribution.
5. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
6. All driveways shall be concrete aprons per City
Ordinance.
7. Obtain permits (barricade/street cut) for improvements
Master Street Plan as a minor within proposed or
existing right-of-way from Traffic Engineering prior to
construction in right-of-way.
8. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
9. Utility excavation within proposed rights-of-way shall
be per Article V of Sec. 30.
10. Obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
11. Arch Street has a 1995 average daily traffic count of
6700.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside service boundary. No comment.
AP&L : No Comment.
ARKLA: No comment received.
Southwestern Bell: No comment received.
F"
March 19, 1998
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO • S-1170
Water: If water service is not existing, execution of
Preannexation agreement and approval of the City or
annexation to the City is required. If water meters
are existing, they must be adjacent to the parcel
served. Relocation of meter(s) may be required.
Fire Department: No Comment.
Countv Plannina: The second lot of this plat actually
accesses Harley Road which is a private drive, no county
maintenance at this time. Has right-of-way been dedicated
for Harley Road? Perhaps this area should be addressed by
confirmation of a 50 foot dedicated right-of-way as outlined
on the plat. Suggesting that the plat reflect document
number for easement dedication or reference deed which
dedicates right-of-way.
CATA: The property is on Central Arkansas Transit's Dixon
Road Express #23 bus route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues: No Comments.
G. ANALYSIS:
On March 5, 1998, the applicant submitted a letter to staff
requesting that the item be deferred to the April 30, 1998
Planning Commission agenda. The applicant stated that
issues related to the deed of the property need to be worked
out as well as issues raised by the Subdivision Committee.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the deferral request. The item
will be deferred to the April 30, 1998 agenda.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
The applicant was not present. He had previously informed staff
that he would be out of town at this time.
Staff presented the item and informed the Committee that the
applicant would meet with staff on February 27, 1998 to discuss
the outstanding issues associated with the plat.
The Committee forwarded the issue to the full Commission for
final action.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: 5-1170
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Staff informed the Commission that the applicant had submitted a
letter requesting that the item be deferred to the April 30, 1998
agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for deferral to the April 30, 1998
agenda. A motion to that effect was made. The motion passed by
a vote of 11 ayes and 0 nays.
4
March 19, 1998
ITEM NO.: 4 FILE NO.: S-1179
NAME: Redditt - Preliminary Plat
LOCATION: East side of Sullivan Road, north of Raines Road
DEVELOPER•
Jason Redditt
17012 Elvin Road
Little Rock, AR 72210
ENGINEER•
White-Daters and Assoc.
401 Victory Street
Little Rock, AR 72201
AREA: 4.02 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0
ZONING• R-2
PLANNING DISTRICT: 17
CENSUS TRACT: 42.08
VARIANCES/WAIVERS REQUESTED:
1. A variance to allow a pipestem lot (Tract 2).
2. Conditional waiver of street improvements (including
sidewalk) to Sullivan Road.
A. PROPOSAL:
The applicant proposes to subdivide 4.02 acres into two (2)
lots. The property is being subdivided to allow for a
second single-family residential building site.
B. EXISTING CONDITIONS:
The property is currently undeveloped and heavily wooded.
There is a scattering of single-family residences on larger
lots in this general area.
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comment as of this
writing.
March 19, 1998
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO • S-1179
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Dedicate right-of-way for a turn around at the end of
Brixie Road and construct turnaround with development.
2. Provide design of street conforming to "MSP" (Master
Street Plan). Construct one-half street improvements to
this street including 5 foot sidewalk with planned
development.
3. All driveways shall be concrete aprons per City
Ordinances.
4. Grading permit will be required on this new development,
if more than one acre is disturbed.
5. Stormwater detention ordinances apply to this property.
6. Obtain permits (barricade/street cut) for improvements
within proposed or existing right-of-way from Traffic
Engineering prior to construction in right-of-way.
7. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
8. Utility excavation within proposed rights-of-way shall
be per Article V of Sec. 30.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside service boundary. No Comment.
AP&L: No Comment.
ARKLA: No comments received.
Southwestern Bell: 5 foot easement requested along the
north property line.
Water: If water service is not existing, execution of
Preannexation agreement and approval of the City is
required. FIRE PROTECTION??
Fire Department: No Comment.
County Planning: The two lots addressed in this plat take
access from Sullivan Road. The plat reflects a 50 foot
right-of-way for this road. Sullivan Road is a part of our
Master Highway Plan, as a Class V rural/urban minor
collector which requires a minimum 60 foot wide right-of-way
to 70 foot right-of-way.
E
March 19, 1998
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: S-1179
CATA: The property is not on a Central Arkansas Transit
bus route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues: No Comments.
G. ANALYSIS•
On March 6, 1998, a revised preliminary plat was submitted
to staff. The revised preliminary plat addresses all of the
issues raised by the Subdivision Committee. The property
owner will provide right-of-way and construct a "T"
turnaround at the end of Brixie Road.
The applicant is requesting a conditional waiver of street
improvements to Sullivan Road. Public Works has indicated
support of the waiver request.
The applicant is also requesting a variance to allow a pipe
stem lot (Tract 2). Staff supports the variance request.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the preliminary plat subject to
compliance with the conditions noted in paragraphs D and E.
Staff also recommends approval of the conditional waiver of
street improvements to Sullivan Road and of the variance for
a pipe stem lot.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Tim Daters was present, representing the application. Staff gave
a brief description of the plat.
Bruce Kemmet and David Scherer, of Public Works, reviewed the
Public Works conditions with the Committee. The requirement of a
turnaround at the end of Brixie Road was discussed.
Mr. Daters noted that a conditional waiver of street improvements
(including sidewalk) to Sullivan Road would be requested.
After a brief discussion, the Committee accepted the presentation
and forwarded the issue to the full Commission for final action.
M
March 19, 1998
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: S-1179
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
The staff presented a positive recommendation on this
application, as there were no further issues for resolution.
There were no objectors to this matter.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as recommended by staff.
A motion to that effect was made. The motion passed by a vote of
11 ayes and 0 nays. Commissioner Adcock abstained on the
variance request for one pipestem lot.
4
March 19, 1998
ITEM NO.: 5 FILE NO.: Z-6461
NAME: Adoniram Lodge - Short -Form PD -O
LOCATION: 9725 Main Street (Mabelvale)
DEVELOPER•
Adoniram Lodge #288
F. and A. M.
9725 Main Street
Mabelvale, AR 72103
AREA: 0.16 acre NUMBER OF LOTS:
ZONING: R-2 ALLOWED USES:
ENGINEER•
Troy D. Laha
P. 0. Box 190251
Little Rock, AR 72219
1 FT. NEW STREET: 0
Single-family residential,
Masonic Lodge (nonconforming)
PROPOSED USE: Masonic Lodge
VARIANCES/WAIVERS REQUESTED:
Waiver of half street improvements to Sardis Road and Mabelvale
Main Street.
BACKGROUND•
The Adoniram Lodge No. 288, F. & A.M. has existed on this site
for well over 30 years. The property was annexed into the City
of Little Rock on December 18, 1979 as part of the I-30 Corridor
Annexation (Ordinance #13,772). This annexation included a total
of 8,515 acres. The Lodge currently has a nonconforming 0-1
status.
A. PROPOSAL/REQUEST:
The applicant is proposing to rezone the property from R-2
to PD -O to allow a 680 square foot addition to the existing
3,300 square foot building which houses the Adoniram Lodge.
The additional square footage would be to the Lodge's dining
and kitchen area. It would allow additional seating during
functions where a meal is served.
Otherwise, the use of this property, as it has existed for
over 30 years, will not change.
March 19, 1998
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6461
B. EXISTING CONDITIONS:
The site currently contains a 3,300 square foot one-story
metal building. There is a small amount of gravel parking
on the site, with additional gravel parking along the west
side of the building in the public right-of-way. The
parking arrangement has existed for over 30 years.
This general area of Mabelvale contains a variety of
residential and commercial uses.
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comments as of this
writing. The Pinedale and Mavis Circle Neighborhood
Associations were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Mabelvale Main Street and Sardis Road are listed on the
Master Street Plan as minor arterials. Provide a
parking and street improvement plan to provide head in
parking in the right-of-way. When a site plan is agreed
upon the right-of-way required will be determined.
2. One-half street improvements are required with
development for boundary streets. Provide design of
street improvements incorporating backing into the
right-of-way for on street head in parking.
3. Remove sign from right-of-way or request a franchise
agreement.
4. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
5. Street improvement plans shall include signage and
striping. Completed plans must be approved by Traffic
Engineering prior to construction.
6. Obtain permits (barricade/street cut) for improvements
within proposed or existing right-of-way from Traffic
Engineering prior to construction in right-of-way.
7. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
8. Utility excavation within proposed rights-of-way shall
be per Article V of Sec. 30.
9. The average daily traffic count of Mabelvale Main Street
is not available.
2
March 19, 1998
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6461
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to existing building from
west side of Main Street. Not adversely affected.
AP&L: No Comment.
ARKLA: No comment received.
Southwestern Bell: No comment received.
Water: Contact the WW if additional water service is
required. If relocation of any water facilities is
required, the costs will be the developer's
responsibility.
Fire Department: No Comment.
County Planning: No Comment.
CATA: The property is on Central Arkansas Transit's bus
routes #17 and #17A.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division:
Located in the Geyer Springs West District, this area was
last reviewed as part of the Chicot West, I-30 South
Neighborhood Action Plan. That Plan was adopted in November
1997. This site is shown on the land use plan as single
family, as is most of Mabelvale.
The Planning Staff believes the low intensity use of the
site is compatible with its existing surrounding uses and
does not warrant a change to the Land Use Plan. Staff
recommends that the PD -0 be approved only for the existing
use.
Landscape Issues:
The proposed parking area does not allow for the required
minimum 6 foot wide landscape buffer parallel with Sardis
Road.
A 6 foot high opaque screen, either a wooden fence with its
face side directed outward or dense evergreen plantings,
should be provided along the eastern property line adjacent
to a residential use.
3
March 19, 1y98
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6461
G. ANALYSIS•
The only outstanding issues are related to the Public Works
right-of-way requirements. The applicant has stated that
the appropriate right -o€ -way for -Sardis Road and Mabelvale
Main Street will be dedicated. The applicant has also
stated that a franchise application will be submitted to
request the continuing use of the parking and the ground -
mounted sign which are in the right-of-way.
However, the applicant is requesting a waiver of half street
improvements to Sardis Road and Mabelvale Main Street. The
applicant states that the lodge is a non-profit organization
and survives only on the dues paid by the membership, and is
not financially able to make the improvements.
As of this writing, Public Works has not made a
recommendation on the waiver request. This will be
presented at the public hearing.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the rezoning subject to
compliance with the conditions noted in paragraphs D, E and
F.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Harold McIntire was present, representing the application. Staff
gave a brief description of the rezoning.
Bruce Kemmet, of Public works, reviewed the Public Works
conditions with the Committee. He stated that the lodge could
request a franchise for the parking and signage in the right-of-
way. He also suggested that the lodge provide an in -lieu
contribution for the street improvements and dedicate a
combination of right-of-way and easements for Sardis Road.
After additional discussion related to the Public Works issues,
the Committee accepted the presentation and forwarded the item to
the full Commission.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Harold McIntire was present, representing the application. There
were no objectors present. Staff gave a brief description of the
proposal with a recommendation of approval with conditions.
Staff explained that the applicant is requesting a waiver of
4
March 19, 1998
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6461
street improvements to Sardis Road and Mabelvale Main Street.
Staff noted that Public Works did not support the waiver.
Harold McIntire addressed the Commission in support of the
application. Mr. McIntire explained that the lodge facility is
only used a few nights per month. Mr. McIntire also explained
the proposed building addition. Mr. McIntire stated that the
lodge is not financially able to do the street improvements.
David Scherer, of Public Works, addressed the Commission. Mr.
Scherer explained the Public Works issues associated with the
property.
There was a general discussion concerning the cost of building
construction and the possibility of an in -lieu contribution for
street improvements.
Mr. Scherer stated that Public Works would rather have a like
amount of street improvements done instead of an in -lieu payment.
Mr. Scherer discussed the street conditions in the area.
There was additional discussion concerning an in -lieu
contribution. Mr. Scherer stated that Public Works would like to
see some street improvements limited to 15 percent of the
building's construction cost.
After additional discussion, Mr. McIntire stated that the lodge
had no problem making street improvements up to 15 percent of the
cost of building construction.
A motion was made to approve the application as recommended by
staff. The motion passed by a vote of 11 ayes and 0 nays. The
application was approved.
A second motion was made to approve the waiver of street
improvements. The motion failed by a vote of 0 ayes and 11 nays.
5
March 19, 1998
ITEM NO.: 6 FILE NO.: S-1178
NAME: Saddle Brook - Subdivision Site Plan Review
LOCATION: 12,110 Stagecoach Road
Saddle Brook, LLC.
12,110 Stagecoach Rd.
Little Rock, AR 72209
ENGINEER•
Hope Engineers, Inc.
406 West South Street
Benton, AR 72015
AREA: 5.07 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING: I-2 ALLOWED USES: Light Industrial
PROPOSED USE: Miniwarehouses
VARIANCES/WAIVERS REQUESTED:
None requested.
BACKGROUND:
The property at 12,110 Stagecoach Road is zoned I-2 Light
Industrial District. A site plan review is required for this
site due to the fact that the applicant is requesting a multiple
building development. The miniwarehouse use is permitted by
right.
The 5.07 acre property is currently part of a 50 acre plus piece
of property. The applicant needs to record a separate deed
instrument with the county for this 5.07 acres.
A. PROPOSAL•
The applicant is proposing to construct six (6)
miniwarehouse buildings on the 5.07 acre tract of land at
12,110 Stagecoach Road. A portion of buildings 1 and 2 will
be constructed as Phase I. The remainder of buildings 1 and
2 along with buildings 3 through 6 will be constructed in
future phases. The buildings will be of metal construction
on concrete slabs.
March 19, 1998
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: S-1178
B.
C.
qP
There will be no conditioned (climate -controlled) storage
and no dumpster on the site. Any site lighting will be low-
level and directed away from adjacent property.
The applicant has stated that the hours of operation will be
from 7:00 A.M. to 7:00 P.M. daily.
EXISTING CONDITIONS:
The site currently contains a two-story residential
structure, which has been converted to an office, and a
self -serve carwash facility.
The area of the site where the miniwarehouse buildings are
proposed is undeveloped and mostly cleared.
The general area contains a mixture of residential,
commercial and industrial uses. There is a large mobile
home park to the south across Stagecoach Road. A trucking
facility is located to the east with a pawn shop, liquor
store and baseball field located to the west. The property
to the north is undeveloped, industrial zoned property
containing a major AP&L easement.
NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comments as of this
writing. The Otter Creek Homeowners Association was
notified of the public hearing.
ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Stagecoach Road is listed on the Master Street Plan as a
principal arterial, dedication of right-of-way to 55
feet from centerline will be required.
2. Provide design of street conforming to "MSP" (Master
Street Plan). Construct one-half street improvements
this street including 5 foot sidewalk with planned
development.
3. Driveways shall conform to Sec. 31-210 or Ordinance
16,577. Combine car wash driveway with the proposed
driveway.
4. All driveways shall be concrete aprons per City
Ordinance.
5. Plans of all work in right-of-way shall be submitted
approval prior to start of work.
6. A grading and drainage plan, a special flood hazard
permit, and special grading permit for flood hazard
areas are required. Arkansas Department of Pollution
PA
to
for
March 19, 1998
SUBDIVISION
ITEM NO • 6 (Cont.) FILE NO.• 5-1178
Control and Ecology (ADPCE) and NPDES permit are also
required.
7. Provide existing topographic information at maximum five
foot contour interval and the 100 year base flood
elevation.
8. The minimum Finish Floor Elevation of 309 is required
for future building #7 is to be shown on plat and
grading plans.
9. Stormwater detention ordinances applies to this
property.
10. Street improvement plans shall include signage and
striping. Completed plans must be approved by Traffic
Engineering prior to construction.
11. Obtain permits (barricade/street cut) for improvements
within proposed or existing right-of-way from Traffic
Engineering prior to construction in right-of-way.
12. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
13. Obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
14. Utility excavation within proposed rights-of-way shall
be per Article V of Sec. 30.
15. Stagecoach Road has a 1995 average daily traffic count
of 8600.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: No Comment.
AP&L: No Comment.
ARKLA: No comment received.
Southwestern Bell: No comment received.
Water: Additional pro rata front footage charge applies
(254.95 feet @ $9.00/foot = $2,294.55).
Fire Department:
1. Private fire hydrants will be required.
2. Gates should be at least 15 feet wide.
County Planning: No Comment.
CATA: The property is not on a Central Arkansas Transit
bus route.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: S-1178
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comments.
Landscape Issues:
The proposed plan does not provide for the 14 foot wide
average land use buffer width required along the western
perimeter of the site. As a part of this requirement a 6
foot high opaque screen is required along the western
perimeter. This screen may be a wooden fence with its face
side directed outward or dense evergreen plantings.
As many trees as possible should be saved along the western
perimeter (60% are required to be saved by ordinance).
Prior to a building permit being issued, three copies of a
detailed landscape plan must be submitted to and approved by
Bob Brown, Plans Review Specialist. He may be reached at
371-4864.
G. ANALYSIS:
The applicant submitted a revised site plan to staff on
March 6, 1998. The revised plan addresses all of the
outstanding issues as raised by the Subdivision Committee.
The revised plan shows the 14 foot landscape buffer along
the west property line. The applicant has removed building
#7 from the plan and will use the area for boat/RV storage.
The applicant has also removed the second driveway from the
plan. The property will be accessed by using the existing
driveway in front of the existing carwash.
The applicant has indicated that a 15% in -lieu contribution
will be made for the street improvements to Stagecoach Road
and that all other Public Works requirements will be
complied with.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the site plan subject to the
following conditions:
1. Compliance with the comments noted in paragraphs D, E
and F.
2. There will be no conditioned (climate -controlled
storage).
3. Any site lighting will be low-level and directed away
from adjacent property.
4
March 19, 1998
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: S-1178
4. The applicant must file a separate deed for the 5.07
acre tract.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Carl Orlando was present, representing the application. Staff
gave a brief description of the site plan.
Bruce Kemmet, of Public works, reviewed the Public Works comments
with the Committee. He stated that the applicant could provide a
15% in -lieu contribution for the street improvements to
Stagecoach Road.
Staff suggested that Building #7 be eliminated and the area used
for boat/RV storage. Mr. Orlando stated that he had no problem
with the suggestion.
The landscape and buffer requirements were briefly reviewed.
After additional discussion, the Committee forwarded the item to
the full Commission for final action.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Carl Orlando was present, representing the application. There
were no objectors present. Staff gave a brief description of the
project and a recommendation of approval with conditions.
Mr. Orlando addressed the Commission in support of the
application. He briefly described the project.
A motion was made to approve the application as recommended by
staff. The motion passed by a vote of 11 ayes and 0 nays. The
application was approved.
5
March 19, 1998
ITEM NO.: 7 FILE NO.: S-1180
NAME: Riverview Apartments - Subdivision Site Plan Review
LOCATION: North side of North Street, at State Street
DEVELOPER: ENGINEER:
TAG Properties Wiedower Architects
A. J. Gilbert 1012 W. 2nd Street
10800 Financial Ctr. Parkway Little Rock, AR 72201
Little Rock, AR 72211
AREA: 2.8 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0
ZONING: R-5 ALLOWED USES: Multi -family residential
PROPOSED USE: Multi -family residential
VARIANCES/WAIVERS REQUESTED:
1. A variance to allow reduced rear yard setbacks.
2. A variance to allow reduced front yard setbacks.
3. A variance to allow reduced number of off-street parking
spaces (108 required, 100 proposed).
BACKGROUND:
This 2.8 acre tract is zoned R-5 Urban Residence District. A
site plan review is required for this site due to the fact that
the applicant is requesting a multiple building development. The
72 -unit apartment development is a permitted, by right use.
A. PROPOSAL:
The applicant is proposing to construct three (3)
multifamily residential buildings'(72 units on 2.8 acres) on
the R-5 zoned property along the north side of North Street
at State Street. Each of the three buildings will be three
(3) stories in height.
The applicant is requesting a reduced rear yard setback
variance for buildings B and C. Building B shows a 5 feet
rear yard setback and building C shows a 20 foot rear yard
March 19, 1998
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: S-1180
setback. A 25 foot rear yard setback is required by
Ordinance.
A total of 108 off-street parking spaces is required by
ordinance. The site plan shows 100 off-street parking
spaces, of which -35 spaces will be covered (along North
Street). The carport structures do not comply with the
minimum 25 foot front yard setback. Therefore, the
applicant is requesting a variance for reduced front yard
setbacks for the carport structures. The proposed setbacks
for the carport structures range from 11 feet to 21 feet.
The carport structures will not be enclosed on any side.
As noted above, a total of 100 off-street parking spaces are
provided on the site plan (108 required by ordinance). The
applicant is requesting a variance for the reduced number of
spaces.
A portion of undeveloped Izard Street right-of-way runs
through the west end of the property. The applicant
proposes to abandon the right-of-way as part of their
application.
B. EXISTING CONDITIONS:
The portion of the property east of State Street is
undeveloped. The property west of State Street contains a
paved parking lot and 3-4 single-family residential
structures.
The general area contains a mixture of residential, office
and commercial uses.
C. NEIGHBORHOOD COMMENTS:
Staff has received no neighborhood comment as of this
writing. The Downtown Neighborhood Association was notified
of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Dedication of right-of-way is required for turnaround on
State Street and a 20 ft. radial dedication at the
southeast corner prior to issuance of a building permit.
2. One-half street improvements and sidewalks are required
for North Street and construction of turnaround with any
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.
2
March 19, 1998
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: S-1180
5. Grading permit will be required on this new development,
if it disturbs more than one acre.
6. All driveways shall be concrete aprons per City
Ordinance.
7. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
8. Obtain permits (barricade/street cut) for improvements
within proposed or existing right-of-way from Traffic
Engineering prior to construction in right-of-way.
9. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded to
Traffic Engineering.
10. Utility excavation within proposed right-of-way shall be
per Article V of Sec. 30.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer located on property on State Street
that may be in conflict with project. Contact L.R.
Wastewater Utility for details.
AP&L: No comments received.
ARKLA: No comments received.
Southwestern Bell: No Comment.
Water: Contact the Water Works regarding meter size(s) and
location(s). Submit two copies of plans for proposed on-
site fire protection.
Fire Department: If the buildings are sprinkled, an
additional on-site fire hydrant may be required. Contact
Dennis Free at 371-4796 for details.
County Planning: No Comment.
CATA: The property is located within one (1) block of
Central Arkansas Transit bus route #21.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No Comment.
Landscape Issues:
The Landscape Ordinance requires a minimum perimeter
landscape strip width of 4 feet adjacent to on site
vehicular use areas. The plan submitted only provides for a
width of 2 1/2 feet west of the proposed 13 space parking
lot and south of the proposed 21 space parking lot.
3
March 19, 1y98
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: 5-1180
Additionally, the minimum buffer width allowed at any given
Point south of the proposed 13 space parking lot is 6 feet.
The plan submitted only provides for a width of 2 1/2 feet
part of the way.
If dumpsters are to be used, they must be shown on the plan
and be screened on three sides to a height of 8 feet.
Prior to a building permit issued, three copies of a
detailed landscape plan must be submitted to and approved by
Bob Brown, Plans Review Specialist. He may be reached at
371-4864.
G. ANALYSIS:
The applicant submitted a revised site plan to staff on
March 9, 1998. The revised plan addresses all of the
outstanding issues as raised by the Subdivision Committee.
The revised plan shows a turnaround at the end of State
Street as required by Public Works. The applicant has noted
that all other Public Works requirements will be complied
with.
The revised plan also shows a ground -mounted sign location.
This sign must comply with ordinance standards (setback -5
feet from any property line, maximum height - 6 feet,
maximum area 24 square feet).
The applicant is requesting the variances as noted in
paragraph A. Staff supports the variance requests.
H. STAFF RECOMMENDATIONS:
Staff recommends approval of the site plan subject to the
following conditions:
1. Compliance with paragraphs D, E and F
2. Staff recommends approval of the variances as requested.
3. Staff also recommends approval of the abandonment of the
undeveloped Izard Street right-of-way.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Bill Wiedower was present, representing the application. Staff
gave a brief description of the site plan proposal.
Bruce Kemmet, of Public Works, reviewed the Public Works
requirements with the Committee. There was a very detailed
discussion regarding the required turnaround at the end of State
Street.
4
March 19, 1998
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: S-1180
Other issues briefly discussed included required off-street
parking, Izard Street right-of-way and the variances requested
for reduced building setbacks.
The Committee then accepted the presentation and forwarded the
issue to the full Commission for final action.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Bill Wiedower was present, representing the application. There
was one person present with objections. Staff gave a brief
description of the proposal and a recommendation of approval with
conditions.
Bill Wiedower addressed the Commission in support of the
application. Mr. Wiedower stated that the site plan had been
revised based on Subdivision Committee comments. He stated that
he had been working with Public Works on the turn -around at the
end of State Street.
Carrie Holyfield, of Arkbest Realty, addressed the Commission.
She stated that she had 3 objections to the site plan. She
stated that the objections are with the turn -around at the end of
State Street, the parking variance and the front yard setback
variance. She also requested that an 8 foot privacy fence be
constructed along the property line between the apartment
development and Davidson Law Firm.
There was a brief discussion concerning the turn -around at the
end of State Street. David Scherer, of Public Works, stated that
one of the reasons for the turn -around at the end of State Street
was to prevent vehicles from turning around in the Davidson Law
Firm parking lot.
There was a discussion relating to the parking variance for eight
spaces. Mr. Wiedower stated that he was trying to maximize the
use of the property. Monte Moore, of the Planning Staff, pointed
out that a portion of the property (north of the proposed
buildings) was not buildable due to the topography.
Commissioner Adcock asked the justification for the front setback
variance request.
Mr. Moore stated that staff had talked to Mr. Wiedower and
suggested moving the covered parking to the next row of parking
spaces to the north.
Mr. Wiedower stated that the covered parking could be moved to
the next row of parking to the north and he had no problem doing
that.
5
March 19, 1998
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: S-1180
Commissioner Nunnley asked about Ms. Holyfield's request for a
privacy fence and if it was required.
Mr. Moore stated that it was not a requirement.
There was a general discussion relating to a letter submitted by
the Bank of Little Rock and the variances requested.
There was also discussion relating to the development and the
general area. Mr. Wiedower discussed the possibility of reducing
the size of the apartment complex. He stated that the funding of
the project was through HUD and to an extent they required a
certain number of apartment units.
After additional discussion, Mr. Moore explained to the
Commission that the applicant mailed the notices as required by
the bylaws with one exception. The notices were mailed three
days late. Mr. Moore stated that the adjacent property owners
received the notices based on conversations with the property
owners. Based on this conversation, a motion was made to waive
the bylaws and accept the notification as done by the applicant.
The motion passed by a vote of 10 ayes and 1 nay.
A second motion was made to approve the application as
recommended by staff, including approval of the variance
requests. The motion passed by a vote of 11 ayes and 0 nays.
The application was approved.
6
March 19, 1998
ITEM NO.: 8
NAME:
LOCATION•
OWNER/APPLICANT•
FILE NO.: Z -3454-G
Otter Creek Village Car Wash -
Conditional Use Permit
13421 Otter Creek Parkway
Otter Creek Land Company/
Thomas Hodges
PROPOSAL: A conditional use permit is
requested to allow for
construction of a 4 -bay, self-
service car wash on this C-2
zoned property.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
This site is located on the south side of Otter Creek
Parkway, west of its intersection with Stagecoach Road.
2. Compatibility with Neighborhood:
The lot is located within the Otter Creek Village
Commercial Subdivision. The properties to the west,
east and south are zoned C-2. A new grocery store is
located directly to the south of the proposed car wash.
The properties across Otter Creek Parkway, to the north,
are zoned C-1. A small strip shopping center is located
across the Parkway, to the north of the site. Large
areas of multifamily zoned properties separate this area
of commercial development from the residential
subdivision, to the west. This proposed, small self-
service car wash is compatible with the commercial
development in the area. The Otter Creek Neighborhood
Association was notified of the requested conditional
use permit.
3. On -Site Drives and Parking:
Access to the lot is gained from 2 driveways within the
commercial development. There is no direct access to
Otter Creek Parkway. There is sufficient parking on
the site to meet the needs of this small, self-service
car wash.
March 19, 1998
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z -3454-G
4. Screening and Buffers:
Development of the site must conform to the City's
Landscape and Buffer Ordinances.
Areas set aside for buffers and landscaping meet with
ordinance requirements.
Prior to a building permit being issued, three copies
of a detailed landscape plan must be submitted and
approved.
5. Public Works Comments:
1. Construct 5 feet wide sidewalk at the back of
right-of-way and H/C ramps per ADA standard.
2. Move driveway to 25 feet away from north property
line.
3. Provide grading and drainage plans for review and
approval.
4. Plans of all work in right-of-way shall be
submitted for approval prior to start of work.
5. Otter Creek has a 1995 average daily traffic count.
6. Obtain permits (barricade/street cut) for
improvements within proposed or existing right-of-
way from Traffic Engineering prior to construction
in right-of-way.
7. Utility excavation within proposed rights-of-way
shall be per Article V of Sec. 30.
6. Utility and Fire Department Comments:
Water: Contact WW about meter size and location. Pro
rata acreage charge of $150/acre applies in addition
to normal connection charges. (0.68 acres @
$150/acre - $102.00). RPZ backflow prevention is
required for car wash facilities.
Wastewater: Sewer available, not adversely affected.
Fire Department: Approved as submitted.
CATA: The site is not located on a CATA bus route.
7. Staff Analysis:
A conditional use permit is requested to allow for
construction of a 4 -bay, self-service car wash on this
C-2 zoned site. The property is located within the
Otter Creek Village Commercial Subdivision and all
Fq
March 19, 1998
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z -3454-G
abutting properties are zoned C-2 or C-1. Access to
the site will be gained from either of two driveways
within the commercial development, with no direct
access to Otter Creek Parkway. The proposed building
will have a brick or split -faced brick facade to
present a better appearance to the street.
The proposed building will have a rear yard setback of
29 feet. The code requires all structures in the C-2
district to have a minimum setback of 40 feet from all
property lines. A variance is requested to allow for
the reduced setback. This lot backs up to the side of
a larger lot which is occupied by a newer grocery
store. The grocery store has a setback of 50 feet from
the common property line, providing for a separation
between the two buildings of almost 80 feet. Staff
believes it is reasonable to allow for the reduced
setback for this one-story, car wash structure. The
lot itself is only 86 feet deep on one side and 100
feet deep on the other. With a required setback of 40
feet from all lot lines, a variance is necessary for
any development of the lot.
No ground -mounted signs are proposed. At the most, a
sign will be mounted on the canopy of the building.
The car wash will be open 24 hours a day, 7 days a
week. Again, the site is located within a commercial
development, and the hours of operation are not as
crucial as if the site were near or adjacent to
residential development. Any site lighting must be
directed inward, so as not to bleed over the property
line.
8. Staff Recommendation:
Staff recommends approval of the requested conditional
use permit subject to compliance with the following
conditions:
1. Compliance with the City's Landscape and Buffer
Ordinances
2. Compliance with Public Works Comments
Staff recommends approval of the requested rear yard
setback variance.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Thomas Hodges and Patrick McGetrick were present
representing the application. Staff presented the item.
The only item of concern was the location of the driveway
3
March 19, 1998
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z -3454-G
entrances to the site. The applicant stated that he would
revise the site plan by moving the driveways to conform to
Public Works Comment. The applicant responded to staff's
questions regarding signage, hours of operation and the
facade treatment.
The Committee determined that there were no outstanding
issues and forwarded the item to the full Commission for
final resolution.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Tom Hodges, the project developer was present representing
the application. Staff gave a description of the proposal
and a recommendation of approval. There were two objectors
present. A revised site plan had been submitted which
addressed staff's concerns.
Tom Hodges addressed the Commission in support of the
project and chose to defer comment initially and respond to
concerns of those opposing the proposal.
Don Knutson, a resident of Otter Creek Subdivision, at 15002
Quail Run Dr., addressed the Commission in opposition to the
proposed car wash. He felt there were already sufficient
car washes in the area and he did not want one this close to
his house.
Donald Goens representing Supermarket Investors, who manages
the nearby Harvest Food Store, also spoke in opposition.
His concerns were about other activities and trash
accumulation that he stated are usually part of such a car
wash and that it does not compliment the area or the
shopping center.
Commissioner Downing asked Mr. Hodges if he had any comment.
Mr. Hodges responded that they have set stringent
architectural requirements and other standards in the Bill
of Assurance to control what people can do with the
property. Because of the architectural requirements, he
stated that he felt the appearance will be the best looking
car wash in the city and that there is no conflict in use
with the zoning in the area.
Commissioner Adcock asked about the entrances into the car
wash for some clarification.
Commissioner Hawn stated that this was a conditional use
allowed in C-2 zoning and didn't see why we were spending a
lot of time on this item.
4
March 19, 1998
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z -3454-G
Commissioner Putnam asked if Mr. Hodges had seen the Public
Works Comments to which he answered he had. Then,
Commissioner Putnam asked what was in the area between the
Harvest Food Store and the car wash lot. The answer was
grass. Mr. Hodges was then asked if he would be willing to
put a screening fence in that area. He responded that they
had already offered to do that, but he wasn't sure everyone
wanted them to do that.
Commissioner Berry asked if there had been any formal
objection from the Otter Creek Neighborhood Association to
this development. Staff responded that there had not.
A motion was made to approve the application as filed with
staff conditions and recommendations noted. The motion was
approved by a vote of 11 ayes, 0 noes and 0 absent.
5
March 19, 1998
ITEM NO.: 9
NAME•
FILE NO.: Z-6455
Taber Accessory Dwelling -
Conditional Use Permit
LOCATION: 11428 David O Dodd
OWNER/APPLICANT: Linda Taber
PROPOSAL: A conditional use permit is
requested to allow for
placement of a new, single -
wide manufactured home on the
rear portion of this R-2 zoned
property to be used as an
accessory dwelling.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
The site is located on the east side of David O Dodd
Road, midway between Stagecoach Road and the I-430
Overpass.
2. Compatibility with Neighborhood:
The property is located within an area comprised
exclusively of single family homes ranging in types from
single -wide mobile homes, to multisectional manufactured
homes and large site -built homes. Many of the homes are
on larger tracts of property. This property is one of
several on the east side of David O Dodd which are
occupied by average sized single family homes. A
nonconforming mobile home park is adjacent to the rear.
This mobile home park contains 16-17 homes. The
applicant proposes to place the new manufactured home on
the rear portion of her property, closer to the mobile
home park. The proposed accessory dwelling appears to
be compatible with development in the area. There was
no neighborhood association within the area to notify.
3. On -Site Drives and Parking:
The site currently contains a single -wide driveway to
serve the existing house. One additional parking space
must be provided on the site to serve the accessory
dwelling.
March 19, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6455
4. Screening and Buffers:
None required for this residential use.
5. Public Works Comments:
No Comments.
6. Utility and Fire Department Comments:
Water: Contact Water Works if additional water service
is required. A pro rata acreage charge of $150 per
acre may apply in addition to normal connection
charges.
Wastewater: No sewer service available to this
property at this time.
Fire Department: Maior concerns, cannot provide fire
protection to this proposed dwelling. It is too far
away from the nearest fire hydrant.
CATA: The site is not located on a CATA bus route.
7. Staff Analysis:
A conditional use permit is requested to allow for the
placement of a single -wide manufactured home on the
rear of the R-2 zoned lot at 11428 David O Dodd Road to
be used as an accessory dwelling. The manufactured
home will be a 1997-1998 model.
The property is one of several on the east side of
David O Dodd Road which are similar in size, 65 feet
wide by 320+ feet deep. All of these properties are
occupied by site built single family homes. A
nonconforming mobile home park is adjacent to the rear.
The applicant proposed to place the manufactured home
on the rear portion of her lot, closer to the mobile
home park. Placement of the home conforms to the
required setbacks and area coverage for accessory
dwellings. The proposed accessory dwelling does exceed
the ordinance established maximum of 700 square feet.
The proposed structure is 1,216 square feet in area.
The lot is approximately 1/2 acre in size and the
increased area of the proposed accessory dwelling does
not seem unreasonable.
There are two substantial areas of concern which must
be addressed regarding placement of the home. The
F,
March 19, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6455
first issue is the question of how the home will
actually be pulled onto the site. There is not
sufficient room to access the site from David 0 Dodd
Road. Access can be gained through the mobile home
park to the rear of the applicant's property. A gate
in the fence on the rear property line provides access
to the driveway in the mobile home park. Written
permission must be granted by the owner of the mobile
home park to allow the applicant to pull her proposed
manufactured home through this property and onto the
rear of her property.
The second area of concern is very substantial and
unless it is resolved, bears heavily on whether the
Commission should approve the item. The Fire
Department has stated that it cannot provide fire
protection to the structure as it is proposed to be
located on the rear of the property. The nearest fire
hydrant is located in front of the third house south of
the applicant's property. The proposed accessory
dwelling is located 238 feet away from the front
property line of the applicant's property. This puts
the closest edge of the manufactured home approximately
500 feet from the fire hydrant. The home itself
extends another 80 feet beyond that. The applicant has
been advised of this issue and is willing to relocate
the proposed house closer to the front of her lot,
nearer the street. The Fire Department has been asked
to meet with staff at the site to assess the situation.
If approved by the Commission, siting of the
manufactured home must conform to the Ordinance
established criteria as follows:
a. A pitched roof of three (3) in twelve (12) or
fourteen (14) degrees or greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible with
the neighborhood.
e. Underpinning with permanent materials.
f. Orientation compatible with placement of adjacent
structures.
g. Off-street parking per single-family dwelling
standards.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6455
STAFF UPDATE:
The applicant has received written permission to use the
driveway through the mobile home park to bring the
manufactured home onto her site.
On March 3, 1998, staff met with the applicant and the Fire
Marshall at the site. Subsequently Chief Webb, of the Fire
Department, assessed the situation. Chief Webb determined
that fire service could be provided to the proposed
accessory dwelling if it were moved to the north side of the
property and brought closer to the street. He recommended
that the front edge of the manufactured home be placed at a
point approximately 25 feet from the back of the existing
residence.
8. Staff Recommendation:
Staff recommends approval of the requested conditional
use permit to allow for placement of a new, single -wide
manufactured home on this property to be used as an
accessory dwelling subject to compliance with the
following conditions:
1. Compliance with the siting criteria as follows:
a. A pitched roof of three (3) in twelve (12) or
fourteen (14) degrees or greater.
b. Removal of all transport features.
c. Permanent foundation.
d. Exterior wall finished in a manner compatible
with the neighborhood.
e. Underpinning with permanent materials.
f. Orientation compatible with placement of
adjacent structures.
g. Off-street parking per single-family dwelling
standards.
2. Placement of the manufactured home as recommended
by the Fire Department.
3. One of the dwelling units must be occupied by the
Land Owner as stipulated in Section 36-252(3).
4
March 19, 1998
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-6455
Staff recommends approval of the variance to allow an
accessory dwelling which exceeds 700 square feet in
area.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
The applicant was present. Staff presented the item and
noted the two main issues of concern; access to bring the
home onto the lot and the Fire Department's concerns. The
applicant stated that she would meet with the owner of the
mobile home park. Dana Carney, of the Planning Staff,
stated that he would ask the Fire Marshall to meet with the
applicant on the site to discuss fire service. (The Staff
Update above reflects the outcome of those two issues.)
The Committee determined there were no other issues and
forwarded the item to the full Commission for final
resolution.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Staff informed the Commission that there were no outstanding
issues associated with this item. There were no objectors
present.
The Chairman placed the item on the Consent Agenda for
approval as recommended by staff. The item was approved by
a vote of 11 ayes, 0 noes and 0 absent.
5
March 19, 1998
ITEM NO.: 10
NAME•
LOCATION•
OWNER/APPLICANT•
FILE NO.: Z-6462
Charity General Baptist Church
- Conditional Use Permit
11111 Geyer Springs Road
Charity General Baptist
Church/Roger Free, Pastor
PROPOSAL: A conditional use permit is
requested to allow this
existing church to add an
addition for classroom and
expanded fellowship hall
space. The property is zoned
R-2.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
The church is located on the east side of Geyer Springs
Road, 1/2 mile south of Mabelvale Cut-off.
2. Compatibility with Neighborhood:
The church is located in an area comprised almost
exclusively of large tracts of undeveloped, heavily
wooded property. The R-2 zoned properties to the north,
east and across Geyer Springs to the west are
undeveloped. A private school is adjacent to the south.
The school property is zoned R-2 with a conditional use
permit. The church was in existence at this location
prior to the area's annexation into the City. Allowing
the proposed addition should not affect the church's
continued compatibility with the neighborhood. The
O.U.R. Neighborhood Association was notified of the
proposed conditional use permit.
3. On -Site Drives and Parking:
The site currently has one driveway onto Geyer Springs
Road and a combination gravel/concrete/asphalt parking
lot. The parking requirement for a church is tied to
the seating capacity of the main worship area. No
increase in the area of the sanctuary or the
sanctuary's seating capacity is proposed. No increase
in on-site parking is required.
March 19, 1998
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-6462
4. Screening and Buffers:
Compliance with the City's Landscape and Buffer
Ordinances is required.
The proposed 15% building expansion will require a 15%
upgrade in landscaping of vehicular use areas toward
compliance with the Landscape Ordinance prior to a
building permit being issued.
5. Public Works Comments:
1. Geyer Springs Road is listed on the Master Street
Plan as a minor arterial, dedication of right-of-
way to 45 feet from centerline will be required.
2. Provide design of street conforming to "MSP"
(Master Street Plan). Construct one-half street
improvements to this street including 5 foot
sidewalk with planned development or provide in -
lieu contribution.
3. Stormwater detention ordinance applies to this
property.
4. Street improvement plans shall include signage and
striping. Completed plans must be approved by
Traffic Engineering prior to construction.
5. Obtain permits (barricade/street cut) for
improvements within proposed or existing right-of-
way from Traffic Engineering prior to construction
in right-of-way.
6. Prepare a letter of pending development addressing
street lights as required by Section 31-403 of the
Little Rock Code. All requests should be forwarded
to Traffic Engineering.
7. Utility excavation within proposed rights-of-way
shall be per Article V of Sec. 30.
8. Geyer Springs has a 1995 average daily traffic
count of 9700.
6. Utility and Fire Department Comments:
Water: Contact Water works if additional water service
is required.
Wastewater: Sewer available, not adversely affected.
Fire Department: Approved as submitted.
CATA: The site is not located on a CATA bus route.
2
March 19, 1998
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-6462
7. Staff Analysis:
Charity General Baptist Church is located on the R-2
zoned property at 11111 Geyer Springs Road. The church
was in existence at the time of the area's annexation
into the City. The church now proposes to construct a
30 foot by 60 addition to accommodate an enlarged
fellowship hall and increased classroom space. No
increase in the sanctuary area or the sanctuary's
seating capacity is proposed. No expansion of on-site
parking is either required or proposed. The proposed
addition will be one story in height. No additional
signage is proposed for the church site. The church
has no ancillary activities such as a mother's day out,
daycare or private school. Hours are typically Sundays
and Wednesdays with occasional activities throughout
the week.
Staff believes the proposal to be reasonable. Allowing
the expansion will not affect the church's continued
compatibility with the neighborhood. The only other
use in the area is the private school which occupies
the property to the south. Otherwise, all other
properties in the area are undeveloped and wooded.
The church will be required to construct 1/2 street
improvements in association with the proposed
construction or provide an in -lieu contribution toward
street improvements. The church has agreed to provide
the required right-of-way for Geyer Springs Road but is
requesting a waiver of street improvement requirements.
Staff does not support this requested waiver. When the
school was developed on the property adjacent to the
south in 1994, the Board of Directors denied a waiver
of street improvements but granted a 5 year deferral.
8. Staff Recommendation:
Staff recommends approval of the requested conditional
use permit subject to compliance with the following
conditions:
1. Compliance with the City's Landscape and Buffer
Ordinances
2. Compliance with Public Works Comments
Staff recommends denial of the requested waiver of
required street improvements to Geyer Springs Road.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-6462
SUBDIVISION COMMITTEE COMMENT:
(FEBRUARY 26, 1998)
Roger Free, Pastor of the church, was present representing
the item. Staff presented the item. There was a brief
discussion of the proposal and of the requirement to
construct 1/2 street improvements. The applicant was
advised that a waiver of street improvements could only be
approved by the Board of Directors.
The Committee determined that there were no other
outstanding issues and forwarded the item to the full
Commission for final resolution.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Staff gave a description of the proposal and a
recommendation of support with inclusion of the two
conditions noted. However staff has recommended denial of
the street improvement full waiver request. There were no
objectors present.
Pastor Roger Free, the applicant, addressed the Commission
and agreed with staff's presentation. He then stated that
his primary justification for the waiver request was that
this development would not influence or impact Geyer Springs
Road now or ever, would only function on weekends and would
not affect traffic.
David Scherer, of Public Works, stated that because this
location was not at an intersection, it would be appropriate
for an in -lieu contribution for road improvements. Impact
on traffic for Public Works purposes is based on square
footage of structure not on how many seats are in the
auditorium. Therefore, the appropriate time for them to
acquire in -lieu contributions for street improvements is at
the time of building expansion, not at some future time when
or if usage change is requested. It is believed that an
1,800 square foot expansion will impact traffic, he stated.
He added that Public works is willing to work with the
church to spread the 15% over 3 years, at 5% per year if
needed, but they cannot support a straight waiver. In reply
to a question from Commissioner Adcock as to how much money
were talking about, the dollar amount of contribution would
be 15% of declared building cost submitted at time of
obtaining the building permit. Pastor Free stated that
estimates range between $20,000 to $45,000. Mr. Scherer
added that if street improvements had been done in
conjunction with development at the adjacent school, they
would have asked for like improvements. Since they weren't
done, in -lieu improvements would be more appropriate and
4
March 19, 1998
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-6462
there is not enough of a building expansion to justify full
street improvements to the frontage.
Chairman Lichty asked why the additional space is needed if
not related to higher volume usage. Pastor Free stated that
they have not reached their capacity of their sanctuary, but
the added space is needed for Sunday School age division
requirements, i.e. division of existing students into more
space.
Commissioner Putnam asked if the amount for the 15% was
spread over three years would that be acceptable. Pastor
Free responded that if this is the bottom line offer, they
would accept it. However he still feels he shouldn't have to
pay at all.
Commissioner Rahman asked what guarantee the City has that
the use won't change in the future which would generate more
traffic. He added that we have no other instrument to make
sure they do the development we are requiring of everybody.
Pastor Free said he felt this was fair and valid and would
propose that if they do change use later to something that
does affect the roadway, that they pay their fair share at
that time.
Commissioner Nunnley asked for clarification as to what
would constitute a use change that would impact Geyer
Springs Road.
Commissioner Faust asked for clarification as to what is the
underlying principal for requesting developers to contribute
to street improvements.
David Scherer of Public works responded to both questions.
He stated they have always legally based their request for
contributions to street improvements on the expansion of
building square footage. Their past data does support the
contention that when you increase the square footage of a
building the traffic counts go up. Therefore, now is
legally the right time to ask for the improvements. They
feel that they don't have a legal right to ask for those
improvements later based only on a use change without a
square footage increase.
Pastor Free responded that he understands their point, but
asked if it is fair to charge for something they will reap
no benefit from and that they are having no impact on. He
then stated that this "one size fits all" argument for
charging them at this time does not fit them and should be
waived.
61
March 19, 1998
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-6462
Commissioner Nunnley asked if this 15% payment would cause a
hardship, even if spread over 3 years. Pastor Free
responded by saying it would, but they would make due if
that is the best offer that they will receive.
A motion was made to approve the application as filed with
the conditions set by the staff. The motion passed by a
vote of 11 ayes, 0 noes and 0 absent.
A second motion was made to approve the street improvement
waiver as requested by the applicant. Stephen Giles, Deputy
City Attorney, made a legal point for the commissioners to
understand. He explained that if the commissioners
recommended to the Board of Directors to waive the Master
Street Plan for this property, and recommended that the City
give up an ordinance requirement for street improvements in
this case, the City cannot take it later. The motion failed
by a vote of 0 ayes, 11 noes and 0 absent.
6
March 19, 1998
ITEM NO.: 10-A FILE NO.: Z -5668-D
NAME: Home Depot Revised Conditional
Use Permit
LOCATION: 12610 Chenal Parkway
OWNER/APPLICANT: Home Depot/Derek Gilpin, Manager
PROPOSAL: A revision to this previously
approved conditional use permit is
requested to allow Home Depot to
have an area of outside seasonal
display. The property is zoned
C-3.
Staff Analysis•
On March 23, 1993, the Planning Commission approved a conditional
use permit to allow for development of a home center on this C-3
zoned property. The conditional use permit was originally
approved for Lowe's Home Center. The Lowe's store was never
built and Home Depot developed the site based upon the approved
conditional use permit. One condition of the approval was that
the area of outdoor display/storage was to be limited to the
fenced in garden center shown on the plan. No additional outside
display, seasonal or otherwise, was approved.
In the spring of 1997, the City's Code Enforcement staff
initiated action against Home Depot, who had created an area of
seasonal merchandise display within the parking lot in front of
the store. Home Depot filed for an amended conditional use
permit to allow for two areas of seasonal outside display,
totaling 45,375± square feet. The largest area of display was
located in front of the building, between the store and Markham
Street. Staff felt that the proposal was unreasonable and
recommended denial. Staff felt that allowing an area of seasonal
display was reasonable as long as it fell within the area and
time frame established by the ordinance for commercial
properties. On May 15, 1997, the Commission denied the amended
conditional use permit. The applicant appealed to the Board of
Directors in June 1997. The item languished at the Board and was
never acted upon.
Home Depot has now filed a different, amended conditional use
permit application, again asking for an area of seasonal outside
display. This time, however, the request conforms to ordinance
standards for seasonal display in commercial districts and staff
feels this proposal is much more reasonable. Home Depot now
proposes a 60 foot by 100 foot area of seasonal display to be
located directly adjacent to and east of the garden center. This
March 19, 1998
SUBDIVISION
ITEM NO • 10-A (cont.) FILE NO.: Z -5668-D
6,000 square foot area would be used for the seasonal display of
bagged goods such as mulch and fertilizers and other seasonal
merchandise. The seasonal display will be limited to a total of
120 days. A temporary chain-link fence will be erected around
the area which will be removed after the 120 day display period.
Additionally, Home Depot is asking to be allowed to display items
on the sidewalk directly in front of the store. This sidewalk
display would not be limited to 120 days per year.
Staff believes this is a much more reasonable request which
conforms to our recommendation of a year ago. The property is
zoned C-3, General Commercial. Section 36-298(4) of the
Commercial District restrictions states:
Seasonal and temporary sales, outside, shall
be permitted a maximum of four (4) occasions
per year with a maximum of thirty (30) days
per event. These events shall be permitted,
prior to initiation, by the staff of the city
department designated by the city manager.
These events may be permitted consecutively
or as desired by the owner or occupant.
Outside display of merchandise is allowed in
an area equal to one-half of the facade area
of the front of the building.
Section 36-301(b), the C-3 district development criteria states:
All commercial uses shall be restricted to
closed buildings, except parking lots,
seasonal and temporary sales per Section 36-
298.4, and the normal pump island services of
service station operations. In addition,
outdoor display of merchandise is allowed in
an area equal to one-half (1/2) of the facade
area of the front of the building. Certain
seasonal or special event sales may be
allowed when the owner has requested a permit
for such activity in conjunction with the
privilege license application. The
permitting authority shall review the owner's
plan or placement of merchandise in order to
assure that obstruction of drives, walks,
required parking and fire lanes does not
occur. In no case shall full-time static
open display be permitted.
Staff believes it is reasonable to allow this business the same
seasonal and sidewalk display opportunities enjoyed by other
businesses in the City.
P11
March 19, 1998
SUBDIVISION
ITEM NO.: 10-A (cont.) FILE NO.: Z -5668-D
Staff Recommendation:
Staff recommends approval of the requested amended conditional
use permit to allow seasonal outside sales and sidewalk display
subject to compliance with the provisions of Section 36-298(4).
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
James Telford, assistant store manager for Home Depot, was
present. Staff presented the item. In response to a question
from staff, Mr. Telford stated that the area of seasonal display
would be enclosed by a temporary chainlink fence and that the
fence would be removed after the seasonal display was removed.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Derek Gilpin, the Home Depot store manager, was present
representing the application. There were nine objectors present.
Staff presented the proposal including the information regarding
the previous conditional use application for a larger outside
display area and its status.
Staff made the point that this proposal does now conform with
ordinance standards in Section 36-298(4) for seasonal display and
sidewalk display in commercial districts.
Anne Borg, director of the St. Charles Community Association and
a member of the Rock Creek Area Planning Task Force, addressed
the Commission in opposition to the application. She spoke for
all of the nine persons present in opposition.
She stated that they had reached an agreement with Mr. Gilpin
regarding landscaping improvements and keeping them maintained,
keeping the parking areas cleaned up, and not stacking items in
the display area higher than the 8 foot fence which will surround
the display area. If these improvements are adhered to, that
will satisfy their concerns, she stated.
Ruth Bell with the League of Women Voters also spoke in
opposition. Their concern was that this was revising a
conditional use permit that was granted less than 5 years ago.
She asked if there is some criteria to use to decide when
revisions are OK or not.
Chairman Lichty responded first that he does not feel the process
of going through this public hearing is all that easy. Secondly,
he stated you can update and amend conditional use permits, there
is nothing unique about that. The Chairman said he would hate to
say the Commission would never amend a conditional use permit,
3
March 19, 1y98
SUBDIVISION
ITEM NO.: 10-A (cont.) FILE NO.: Z -5668-D
which sounds like what Ms. Bell was suggesting. Ruth Bell
responded by saying that is not what they are asking for. They
just want to make sure there is some rationale for these changes,
especially when there is a relatively short -time after the
original permit was granted.
In response to a question by Mark Johnson, representing the
opposition, Chairman Lichty stated that the agreement about the
landscaping would be on record as a part of the conditional use
permit.
Commissioner Nunnley asked how the landscaping modifications
agreed to were related to the conditional use permit.
Mr. Giles, Deputy City Attorney, responded by saying if these
landscaping modifications were made conditions of the conditional
use permit, they would have to be met. If not met, then that
would be grounds for revoking the permit.
Commissioner Earnest made the point that staff would need to
receive a copy of the agreed to landscaping plan.
Chairman Lichty made the point with Mr. Gilpin about providing in
writing his consent to doing those things agreed to in order to
satisfy the objections raised, and make it part of the conditions
to this conditional use permit. Mr. Gilpin agreed to do this in
writing.
Commissioner Putnam asked if the sidewalk display had always been
in the application. Staff assured him it had always been there.
Commissioner Rahman asked about the meaning of static display in
relation to the sidewalk display area. Staff agreed that the
requested sidewalk display area met the requirements in the
ordinance.
A motion was made to approve the application as made to include
the staff recommendations and to include the agreement reached
with the neighborhood association as to landscaping and
maintenance thereof. The motion passed by a vote of 11 ayes,
0 noes and 0 absent.
4
March 19, 1998
ITEM NO.: 11 FILE NO.: Z-6463
NAME: Alltel Tower Use Permit
LOCATION: 601 Jones Street
OWNER/APPLICANT: Southern Office Systems/Alltel
PROPOSAL: A tower use permit is
requested to allow for
construction of a wireless
communication facility with
support structure (150 foot
tall tower) on this I-2 zoned
property.
ORDINANCE DESIGN STANDARDS:
1. Site Location:
The site is located south of 6th Street, 2 lots east of
Jones Street.
2. Compatibility with Neighborhood:
The tower site is zoned I-2 Light Industrial. The
properties adjacent to the north, south and west are
also zoned I-2. The properties to the east are zoned R-
3 and are occupied by single family residences. There
is an existing 75 foot tall tower and an equipment
shelter on the property. The new tower will be moved
slightly farther away from the residential property.
The continued use of this site for a wireless
communication facility should be compatible with the
neighborhood. The Capitol Hill and Capitol view/Stifft
Station Neighborhood Associations were notified of the
Tower Use Permit application.
3. On -Site Drives and Parking:
The site is accessed by a driveway off of the alley.
There is adequate space available on the site to
accommodate the technician who will occasionally visit
the site.
4. Screening and Buffers:
Section 36-593(c) establishes the Landscaping and
Screening requirements for wireless communications
facilities and reads as follows:
March 19, 1998
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6463
1. New WCF With Support Structures and Attached WCF
with new building construction shall be landscaped
in accordance with Chapter 15 and shall comply
with the buffer requirements of Chapter 36 of this
code.
2. Existing mature tree growth and natural landform
on the site shall be preserved to the extent
feasible; provided, however, that vegetation that
causes interference with the antennas or inhibits
access to the Equipment Facility may be trimmed.
3. Existing vegetation on a WCF site may be used in
lieu of required landscaping where approved by the
Planning Commission.
5. Public Works Comments:
1. Improve alley and pave to 20 feet wide.
2. All alley and driveways shall be concrete aprons
per City Ordinances.
6. Utility and Fire Department Comments:
Water: No objection.
Wastewater: Sewer service not required, sewer main
located in alley.
Fire Department: No Comments.
CATA: Bus route located on 7th Street, 1/2 block to
the south.
7. Staff Analysis:
A 75 foot tall wireless communication facility with
support structure (cellular tower) is located on the I-
2 zoned property at 601 Jones Street. ALLTEL Cellular
proposes to remove this structure and replace it with a
150 foot tall tower. Alltel states that the height of
the tower must be increased for the following reasons:
a) Due to the height of the existing structure, it
does not provide proper hand-off. The reason is
the height of the site is significantly lower than
the other towers in the area which causes calls to
be dragged or dropped.
b) Because of the shorter height of the tower,
customers experience background noise and static.
2
March 19, 1998
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6463
c) If the tower height is not increased, an additional
tower would need to be constructed in the 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 setback standards for
WCF with support structures abutting residential
property. Section 36-593(b)(3) states:
WCF with Support Structures which abuts
residential property on any side shall be
set back a distance at least the height of
the tower measured from the base of the
tower to the property line of the
residential lot.
The proposed tower has a setback of 49 feet from the
residential lot to the east, 168 feet from the
residential lot to the north and 154 feet from the
residential lot across Jones Street to the west.
A variance is requested to allow the reduced setback
from the residential lot to the east. Since the
proposed facility does not meet the development
standards, it was necessary to file a tower use permit
application.
Staff believes the request to be reasonable. The site
is currently occupied by an existing 75 foot tall
tower. The proposed new tower will be moved slightly
to the west, away from the residential property. The
new tower will be designed to allow collocation of
other WCF providers. The property is zoned industrial,
as are the properties to the north, west and south.
There is one outstanding issue which must be resolved
and staff's support for this item hinges upon the
applicant's response. Applicants proposing a new WCF
with support structure must demonstrate that they have
made a reasonable good faith attempt to find a
collocation site acceptable to engineering standards
and that none was technically or practically feasible.
A 250 foot tall cellular tower is located on the south
side of I-630, approximately 1,200 feet south of this
proposed site. Staff feels that the applicant should
demonstrate that collocation on the 250 foot tall tower
is neither technically nor practically feasible. The
250 foot tall tower was approved by the Board of
3
March 19, 1998
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6463
Adjustment in 1994 and collocation capability was not
required.
8. Staff Recommendation:
Staff recommends approval of the requested tower use
permit to allow a wireless communication facility with
a 150 foot tall support structure to be erected on the
I-2 zoned property at 601 Jones Street subject to
compliance with the following conditions:
1. Compliance with Public Works Comments
2. Compliance with the Development Standards for WCF
established in Section 36-593.
3. The structure shall be constructed to be capable
of collocation of other WCF.
4. The applicant shall demonstrate that collocation
on the 250 foot tall tower located on the south
side of I-630 (9th and Thayer) is not technically
or practically feasible.
Staff recommends approval of a variance to allow a
reduced setback of 49 feet from the residential lot to
the east.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 26, 1998)
Dave Taylor, Maggie Howell and Keith Buchman were present
representing the applicant. Staff presented the item.
Public Works Staff discussed the requirement to improve the
alley since it is used to provide access to the site. In
response to a question from staff, the applicants stated
that the proposed structure would accommodate ALLTEL and 2
other WCF providers. Staff informed the applicant that
information must be provided to show that the 250 foot tall
tower located south of I-630 was not technically or
practically feasible for collocation by Alltel. The
applicant stated that the 250 foot tall tower was not
structurally designed to accommodate another user and
documentation would be provided to prove that point.
The Committee determined there were no other issues and
forwarded the item to the full Commission for final
resolution.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
Maggie Howell, Alissa Coffield, and Amir Shahegh were
present representing the application. There were no
objectors present. Staff presented the proposal and
4
March 19, 1998
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-6463
recommendation noting that the only exception to meeting the
requirements in the ordinance was the setback distance to
the residential zoning on the east side.
Maggie Howell presented why the new tower was needed to
resolve service deficiencies along I-630 and in the
Hillcrest area. She mentioned that they have attempted to
resolve the problem by other means such as boosting the
power levels, adjusting the angle of the antenna, or
changing to different antennas. None of these methods
resolved the problems. They also attempted co -location on
the Southwestern Bell (SWB) tower which is approximately
1,200 feet to the south. This is not possible because that
tower is not designed for co -location, she stated.
Commissioner Hawn commented that the recent WCF Ordinance
gives them the right to build the 150 foot tower requested.
The fact that this tower will support two additional users
may help the problem of Southwestern Bell's 250 foot tower
when they decide to change that.
Commissioner Nunnley asked if the ordinance requires a 25
foot separation between antenna arrays. Deputy City Attorney
Giles responded that this is not in the ordinance and they
left it up to industry standards which require a 20 foot
separation.
Chairman Lichty asked if Alltel anticipated having to raise
the height of any of the other towers shown on the maps in
Ms. Howell's presentation. Mr. Shahegh, an Alltel RF design
engineer, responded by saying no since this is the only
short tower in this area.
Commissioner Adcock asked if there is ongoing dialogue
between companies regarding future plans. She stated that
there is information available that Southwestern Bell is
looking at changing their tower in the area. She asked if
there is any likelihood that we might come up with one tower
for both users.
Ms. Coffield responded that there is regular dialog and that
if Southwestern Bell contacts them about co -location, they
will be more than willing to allow them to co -locate on this
new tower.
A motion was made to approve the application as submitted
with staff recommendations and conditions. The motion was
approved by a vote of 10 ayes, 0 noes and 1 absent.
5
March 19, 1998
ITEM NO.: 12 FILE NO.: G-23-284
Name•
Location•
Owner/Applicant:
Reauest•
STAFF REVIEW•
1.
2.
3.
4.
5.
M
Joshua Street Right -of -Way
Abandonment
Between Asher Avenue and West
32nd Street
J. M. Products, Inc./
Ron Woods
To abandon the 50 feet wide by
250 feet long Joshua Street
right-of-way between Asher Avenue
and West 32nd Street.
Public Need for This Right-of-Wav
There is no public need for this right-of-way.
Master Street Plan
The Master Street Plan reflects no need for this
section of right-of-way.
Need for Right -of -Way on Adjacent Streets
Maintain 20 feet by 60 feet to provide turn -around area for
dead-end 32nd Street and Joshua Street.
Characteristics of Right -of -Way Terrain
Joshua Street is currently a paved 18 feet wide road with no
curbing.
Development Potential
The property on the east and west side of Joshua Street is
zoned Commercial.
Neighborhood Land Use and Effect
The general area is made up of a mixture of industrial and
commercial.
7. Neighborhood Position
All abutting property owners were notified of the public
hearing.
March 19, 1998
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: G-23-284
8. Effect on Public Services or Utilities
Entergy: Provide ingress and egress to existing facility
and 15 foot easement.
Southwestern Bell: Provide easement and access rights to
maintain their facilities.
ARKLA: Provide 10 foot easement for existing pipe.
Water Works: Provide 15 foot easement and reimburse the
Water Works for the cost of a recently installed fire
hydrant and sign a private fire hydrant contract.
Wastewater Utility: Retain right-of-way as an easement.
9. Reversionary Rights
No reversionary rights of record per title search.
10. Public Welfare and Safety Issues
Abandoning this right-of-way will have no adverse effects on
this public welfare and safety.
STAFF RECOMMENDATION:
Staff recommends approval of the Joshua Street right-of-way
abandonment subject to maintaining right-of-way for turnaround on
West 32nd Street and Joshua Streets.
SUBDIVISION COMMITTEE COMMENT:
(FEBRUARY 26, 1998)
The applicant was not present. After a brief discussion of the
issue, the item was forwarded to the full Commission for final
approval.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
The Staff presented a positive recommendation on this
application, as there were no further issues for resolution.
There were no objectors to this matter.
The Chairman placed the item before the Commission for inclusion
within the Consent Agenda for approval as recommended by staff.
A motion to that effect was made. The motion passed by a vote of
11 ayes and 0 nays.
2
March 19, .-498
ITEM NO.: 13 PROPOSED BYLAW AMENDMENT
The following several proposals are as directed by the Commission
at its informal meeting on January 22, 1998. The amendments are:
1. Establish plans committee as a standing committee.
2. Removal of language permitting executive sessions.
3. Modifying order of hearing to be consistent with protocol.
4. Modifying language in paragraph V. E. 10 dealing with
applicant attendance.
1. ARTICLE III. COMMITTEES
A. Standing Committees
1. Standing Committees may be created by the Planning
Commission and charged with such duties as the
Commission deems necessary or desirable.
2. Such Committees shall be composed of two or more
Commissioners, but less than a quorum of the full
Commission, and shall hold membership for one year
or until succeeded.
3. The Subdivision Committee shall be composed of five
(5) members appointed by the full Commission and
include Planning Commission members only.
The Subdivision Committee shall act as a review body
for all conditional use, site plan and planned unit
development issues in addition to platting matters.
4. The Plans Committee shall be composed of five (5)
members appointed by the full Commission and include
Planning Commission members only. The Plans
Committee shall act as a review body for all master
plan elements, ordinance amendments and other
project activities as may occur from time to time as
referred by the Planning Commission.
The above language not only adds the Plans Committee as
a standing committee, it removes two elements that have
not been active for a number of years. These are:
• A quorum of three (3) members would be required to
conduct business.
March 19, 1y08
SUBDIVISION
ITEM NO.: 13 (cont.) PROPOSED BYLAW AMENDMENT
0 In addition, there shall be appointed as nonvoting
members, one staff member from each of the two public
utilities (water and wastewater). The utility
membership shall be allowed participation in
discussion and preparation of the Committee
recommendation.
2. ARTICLE IV. MEETINGS
E. Executive Sessions (THIS PARAGRAPH TO BE DELETED IN ITS
ENTIRETY.)
The Commission may, either before, during or after any
meeting sit in executive or private session. No
official business shall be transacted during such
session except privilege matters relating to personnel
as allowed by law.
3. ARTICLE V. CONDUCT OF BUSINESS
A. Order of Agenda
All meetings shall be conducted in accordance with the
agenda which shall enumerate the topics and cases in the
following sequence:
1. Roll Call
2. Finding of a quorum
3. Approval of previous minutes as mailed
4. Old Business
5. New Business
6. Adjournment
B. Order of the Hearing
At the hearing, the order shall be as follows:
1. The chair presents an brief overview of the
proceedings to follow including any concern about
quorum and voting.
2. The chair directs staff to present the consent
agenda which shall include all items to be voted on
at one time.
2
March 19, 1998
SUBDIVISION
ITEM NO.: 13 (cont.) PROPOSED BYLAW AMENDMENT
3. Following the conclusion of all proceedings
involving the consent agenda the chair shall direct
staff to present the first item on the regular
agenda.
4. The staff will briefly present the request along
with information update and the staff
recommendation.
S. The petitioner or applicant will then be recognized
by the chair. A total of twenty (20) minutes shall
be allotted for presentation.
6. The chair will then recognize objectors or
interested property owners. A total of twenty (20)
minutes shall be allotted for presentation.
7. At the conclusion of presentations the chair will
submit the application to the Commission for
discussion. At this time the commissioners may
request individual speakers be recalled for
questions. There will be no time limit assessed for
commission discussion or questioning.
8. Rebuttal shall not be permitted.
9. The chair shall present the request for a motion.
10. Commission motion and vote.
11. Additional motions as may be required shall be
placed in the positive.
4. ARTICLE V. CONDUCT OF BUSINESS
E. General Policies
9. Deferrals
No application which has been docketed for public
hearing and advertised for such hearing shall be
deferred, except as follows:
a. Except for cause and with a written request five
working days prior from the applicant of record
no case shall be deferred.
b. In the event a case may require an additional
deferral, a renotification of property owners
shall be required.
3
March 19, 1998
SUBDIVISION
ITEM NO.: 13 (cont.) PROPOSED BYLAW AMENDMENT
c. No single request for deferral shall be granted
for more than ninety consecutive days, except by
unanimous vote of all members present.
d. In -no case shall more than two requests for
deferral from an application be granted.
e. In the public hearing, the Planning Commission
may for cause defer an application on its own
motion. The length of deferral shall be
specified by the Commission in the motion.
10. Applicant Attendance at Meeting
The applicant, on each item docketed, shall be
present or represented at the meeting and prepared
to discuss the request. If the applicant or the
representative is not present, the item shall be
deferred one time to the next appropriate meeting.
11. Precedents
No action of the Commission shall be deemed to set a
precedent. Each item docketed shall be decided upon
its own merit and circumstances attendant thereto.
12. Dissent
If a member of the Little Rock Planning Commission
wishes to dissent from a majority opinion of the
Commission, he or she shall communicate a written
minority opinion to the following:
a. All Members of the Planning Commission
b. The Secretary of the Planning Commission
c. The City Attorney
d. All Board of Director Members
PLANNING COMMISSION ACTION: (FEBRUARY 19, 1998)
The Commission received the proposed amendments as specified by
the bylaws. There were two changes made: one in paragraph 4.
Article III. (A.). This change adds language that requires
referral by full Commission to initiate a project of review. The
second change in language of paragraph 10. Article V. (E.) to
4
March 19, 1998
SUBDIVISION
ITEM NO.: 13 (cont.) PROPOSED BYLAW AMENDMENT
correct second sentence. The amendments will be placed on the
next public hearing agenda on March 19, 1998 (no vote).
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
The Planning Commission briefly discussed the proposed Bylaws
that have been drafted and presented for hearing. The Chairman
and several of the commissioners discussed the appropriateness of
dealing with the bylaws in this fragmented fashion. It was
determined that it would be appropriate to form a small committee
of staff, commission and others to review the entire bylaw
package. Later on this year, they could present a revised
workable document to the full Commission for review.
It was determined to place this item on the Consent deferral
agenda until such time as that report and instrument is returned.
A vote on a motion to defer was approved by 11 ayes, 0 nays and
0 absent.
5
March 19, 1998
ITEM NO.: 14 FILE NO.: 5 -57 -DD
SUBJECT•
LOCATION•
APPLICANT•
ADDRESS•
PHONE:
STAFF REPORT•
Morgan Keegan private street
proposed acceptance of
dedication of a street right-
of-way.
ight-
of-way.
Ron Tabor for Marion Burton,
Agent for Riverdale
425 West Capitol Avenue
Little Rock, AR 72201
376-8005
The proposed dedication of Morgan Keegan Drive as a public street
began with a final plat presented to staff to final and record
TR. RH-4 of the Riverdale Development. This tract is somewhat
isolated in that it lies between the river levee and the
Riverdale Harbor with its only point of access being a private
street serving the Morgan Keegan building. This short cul-de-sac
and the several abutting lots are derived from a PCD approved
several years ago providing for plan and plat of the harbor
project and abutting lots. That PCD did not provide that this be
a public street except to serve the abutting lots and that has
worked until the developer of RH-4 insists his project take
access from a public street with public maintenance.
The street has been inspected by Public Works and it has been
determined that construction meets city code and master street
plan. There is sufficient right-of-way to meet commercial street
standards. Sidewalks will be required as properties develop on
both sides of street. The concrete apron may remain.
STAFF RECOMMENDATION:
Approval of the proposed dedication of street right-of-way and
the plat of dedication to be executed by staff.
PLANNING COMMISSION ACTION: (MARCH 19, 1998)
The Staff presented the application briefly indicating that this
was a dedication of a roadway that is currently constructed to
city standards, and there were no issues attendant to the
dedication.
March 19, 1998
SUBDIVISION
ITEM NO.: 14 (cont.) FILE NO.: S -57 -DD
After a brief discussion, the Commission
item on the Consent Approval Agenda. A
made. The motion to approve the Consent
of 11 ayes, 0 nays and 0 absent.
2
determined to place this
motion to that effect was
Agenda passed by a vote
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March 19, 1998
SUBDIVISION MINUTES
There being no further business before the Commission, the
meeting adjourned at 6:52 p.m.
Date
Chair