pc_04 19 1994LITTLE ROCK PLANNING COMMISSION
PLANNING HEARING
SUMMARY AND MINUTE RECORD
APRIL 19, 1994
12:30 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eight (8) in number.
II. Approval of the Minutes of the March 8, 1994 meeting.
The Minutes of the Previous Meeting were approved
as submitted by a vote of 8 ayes, 0 nays.
III. Members Present:
Kathleen Oleson
B. J. Wyrick
Joe Hirsch Selz
Ramsay Ball
Emmett Willis, Jr.
Bill Putnam
Ron Woods
Jerilyn Nicholson
Brad Walker
Members Absent: John McDaniel
Diane Chachere
City Attorney: Cindy Dawson
LITTLE ROCK PLANNING COMMISSION
PLANNING HEARING
AGENDA
APRIL 19, 1994
DEFERRED ITEM•
A. Pankey Plan
PUBLIC HEARING•
1. Backyard Burgers Geyer Springs Site Plan Review
(Z -2221-A)
DISCUSSION ITEMS:
2. 1994 Annual Ordinance Amendments - Phase I
3. Briefing on Planning Studies
April 19, 1994
Planning Hearing
ITEM NO.: A
TITLE: Pankey Plan
REQUEST: Development Plan for
Pankey CDBG Area
SOURCE: Community Development
Block Grant Committee
STAFF REPORT:
As part of the City's Community Development Block Grant
Program, a neighborhood study for the Pankey area was
funded. This study was to produce a development plan for
Pankey that the City and private citizens could use as a
guide in making development and investment plans.
At today's meeting representatives from the consultant (The
Donaghey Project) will present the plan which they together
with the Neighborhood and City staff have developed. Items
to be covered are the survey and analysis of the area, goals
and objectives, plan alternatives developed, recommendations
for residential or commercial projects, public facilities,
and implementation of these strategies for redevelopment and
development.
STAFF RECOMMENDATION: Approval
PLANNING COMMISSION ACTION: (MARCH 8, 1994)
Ron Newman, Planning Manager, stated staff was recommending
the issue be deferred for six weeks to allow time for
further neighborhood meetings. Tim Polk, Assistant Director
of Neighborhoods and Planning, began the presentation with a
history of Pankey. Mr. Polk went on to state that this was
a cooperative effort between the City, Donaghey and the
residents of Pankey.
George Wittenberg, III - Director of the Donaghey Project -
indicated Donaghey was glad to be part of the Pankey Plan.
This is what the Donaghey Project wants to do, to be in that
middle position to facilitate planning activities bringing
together staff and residents to produce a workable plan.
This presentation, today, is just to provide information, no
action is requested. Mrs. Nelson and Barbara Douglas went
on to discuss how the neighborhood got to this point.
April 19, 1994
ITEM NO.: A (Continued)
Belver Nelson wished to make a brief statement, the plan can
be used as a basis to work from, even though it can be
amended later.
Barbara Douglas, Chairperson of the Pankey Improvement
Corporation, stated that the community along with Planning
staff, the Donaghey Project and Attorney George Ivory has
designed a plan to provide for future growth. All segments
of the community were involved. A CDC (Community
Development Corporation) was formed to develop the plan.
Ms. Douglas reviewed the sections included in the Plan. A
proposal for a community center has reviewed in detail
(programs) and what activities would occur at each site.
Ms. Douglas hoped that with this plan, we can see a future
for Pankey not just look back.
Commissioner Oleson asked about Ms. Nelson's statement about
amending the plan. There was discussion about timing of
changes and the extent of changes.
Mr. Jim Mercado stated that the previous presentation gave
background and executive summary has been distributed to each
commissioner. At this time, Mr. Mercado reviewed the
recommendations. The development plan should be used as a
guide. The first recommendation is to organize the community
such as the CDC is attempting. The second recommendation is
a community center, reviewed by Ms. Douglas earlier. The
third recommendation is for housing rehab, elderly and infill
single family. This recommendation would be accomplished in
phases. No recommendation for changes to the land use plan
or zoning are proposed. The fourth recommendation is for
infrastructure - signage, landscape, and bus shelter. An
action plan to accomplish these recommendations is included
as a section of the plan. There was discussion about the
community center/bus stop proposal and tool storage proposal.
Mr. Polk indicated the plan is unique due to the large
amount of citizen input. This is the first of many plans to
come before the Commission. It is important that
neighborhood organizations understand the zoning and
development process. There was additional discussion about
the housing recommendation.
A motion was made to defer the issue to six weeks,
April 19, 1994. By unanimous vote (9-0) the issue was
deferred.
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April 19, 1994
ITEM NO.: A (Continued)
PLANNING COMMISSION ACTION: (APRIL 19, 1994)
Ron Newman, Planning Manager, informed the Commission that
the neighborhood wanted to have three meetings to discuss
the plan. To date only one meeting has occurred; therefore,
the staff agreed to ask the Commission to defer this item
until May 31, 1994. By unanimous vote the Commission voted
to defer the item.
3
April 19, 1994
Plannina Hearin
ITEM NO.: 1 FILE NO.: Z -2221-A
NAME: BACKYARD BURGERS GEYER SPRINGS AND BASELINE --
SITE PLAN REVIEW
LOCATION: At the northwest corner of Geyer Springs Rd. and
Baseline Rd. in the Colony South Shopping Center parking lot.
DEVELOPER:
ENGINEER:
DOYLE ROGERS CO. Pat McGetrick
111 S. Center St. MCGETRICK ENGINEERING
Little Rock, AR 72201 11,225 Huron Ln., Suite 200
375-1662 Little Rock, AR 72211
223-9900
AREA: 9.25 ACRES NUMBER OF LOTS: 2 FT. NEW STREET:
ZONING: C-3
PLANNING DISTRICT: 15
CENSUS TRACT: 41.03
VARIANCES REOUESTED: None
STATEMENT OF PROPOSAL:
PROPOSED USES: Commercial
The applicant proposes the construction of a Backyard Burgers
drive-thru restaurant in the parking lot of the existing Colony
South Shopping Center. The restaurant is to be located at the
northwest corner of the parking lot along the Geyer Springs
frontage of the Center. Landscape buffers along Geyer Springs,
as well as along the lot lease lines will be provided.
A. PROPOSAL/REQUEST:
Review by the Planning Commission is requested of the site
plan for a new Backyard Burgers facility to be located in
the parking lot of the Colony South Shopping Center.
Requested is approval of a plan to use a portion of the
existing parking lot to construct the drive-thru restaurant
with an outside eating "patio". No changes to the existing
shopping center or out -parcel buildings are proposed; and,
other than the use of a portion of the parking lot for the
restaurant, no changes to the existing parking lot, no
changes to the parking area are proposed. No changes to
shopping center landscaping, sidewalks, or boundary streets
are proposed.
April 19, 1994
ITEM NO • 1 (Continued) FILE NO.: Z -2221-A
changes to the parking area are proposed. No changes to
shopping center landscaping, sidewalks, or boundary streets
are proposed.
B. EXISTING CONDITIONS:
The restaurant site is in the parking lot of the Colony
South Shopping Center, at the northwest corner of the
parking lot, fronting on Geyer Spring Rd.
The shopping center is in a C-3 zoned district, with C-3
districts to the east across Geyer Springs Rd., to the south
across Baseline Rd. and to the southeast across the Geyer
Spring -Baseline Roads intersection.
C. ENGINEERING/UTILITY COMMENTS:
The City Engineering office will require reconstruction of
concrete aprons at drives onto Geyer Springs Rd., and the
construction of handicap ramps at these driveways.
Water Works indicates that confirmation of the location of
the water meter must be coordinated with Water Works.
Wastewater reports that sewer service is available.
Arkansas Louisiana Gas Co. approved the submittal without
comment.
As of this writing, no report has been received from
Arkansas Power and Light Co. or Southwestern Bell Telephone
Co.
Landscape review reports that the proposed site plan
provides the Geyer Springs Rd. street buffer landscaping and
lot lease line buffers required. At the southeast corner of
the parking lot, there is a "dead" parking space which is
shown as an asphalt area. This area should be included in
the landscape area in order to increase the average depth of
the street landscaping. The plantings in the "patio" area
can be counted towards the building landscaping requirement.
The dumpster pad should be re -oriented so that access to it
is from a driveway; not from a parking space. The dumpster
area must be enclosed in an 8 foot high brick fence.
D. ISSUES/LEGAL/TECHNICAL/DESIGN:
The Center currently has 471 parking spaces. The proposed
Backyard Burgers would supplant 84 of these, leaving 387
spaces for the Center, plus the 14 spaces provide in the
Backyard Burgers site. Under the regulations in force for
shopping centers since 1987, the Center, with its 140,464
total square footage of buildings, the total parking
required should be 625 spaces. Since the Center was build
2
April 19, 1994
ITEM NO • 1 (Continued) FILE NO.: Z -2221-A
prior to 1987, the regulations in force at that time
required 358 parking spaces for the existing building; and,
under current regulations, the proposed restaurant use will
require an additional 8 spaces. With the 387 spaces for
shopping center use, the parking requirements are met. The
Backyard Burgers, with its 14 spaces, exceeds the parking
requirements for that use.
The shopping center building, plus one peripheral building,
plus the proposed Backyard Burgers building are on one lot;
another peripheral building is on a separate out -parcel lot.
This out -parcel contains 156 of the shopping center parking
spaces. Assurances must be provided that the parking on
this out -parcel lot is available for the shopping center use
to meet the shopping center parking requirements.
E. ANALYSIS•
There is apparently sufficient parking for patrons of
businesses at the Colony South Shopping Center, and parking
needs will not be adversely affected with the addition of
the Backyard Burgers use to the site.
Other than the requirements by Engineering concerning drive
aprons and handicap ramps, there are no issues to be
resolved.
F. STAFF RECOMMENDATIONS:
Staff recommends approval of the site plan, subject to
compliance with the Engineering comments.
STAFF UPDATE:
This item is scheduled to be heard by the Planing Commission at
its April 19, 1994 hearing. It is scheduled to be reviewed by
the Subdivision Committee on April 14. Since, by April 14, the
agenda will be printed and distributed to Commission members, the
Committee's comments will be related to the Commission at the
hearing.
PLANNING COMMISSION ACTION: (APRIL 19, 1994)
Staff presented the request, and indicated that the applicant had
agreed to make the changes or modifications required by staff and
the ordinances. There was a brief discussion among Commissioners
and staff involving the positioning of the dumpster to meet staff
requirement so that parking spaces are not blocked when the
dumpster is serviced or accessed. Staff related that the
3
April 19, 1994
ITEM NO • 1 (Continued) FILE NO.: Z -2221-A
applicant had agreed to make the needed change. There was a
discussion among Commissioners and staff concerning the
engineering requirement that the drive approaches off Geyer
Springs Rd. onto the shopping center parking lot be reconstructed
and handicap ramps be provided off the sidewalks onto the
approaches. Staff related that the develop had provided a letter
indicating that, within the next three or four months, the entire
shopping center parking lot was to be resurfaced and
reconstructed drive approaches were to be provided, and asking
that the engineering requirements be deferred until the entire
parking lot project is undertaken. Mr. Pat McGetrick, the
Backyard Burgers engineer, suggested that the requirement to
provide reconstructed drive approaches and the handicap ramps be
tied to the issuance of a Certificate of Occupancy of the
Backyard Burgers in lieu of being required for the issuance of
the building permit. The Commission and staff agreed with this
provision.
A motion was made and seconded to approve the Backyard Burgers
site plan, contingent on the reorientation of the dumpster and
the Geyer Springs drive approaches and the handicap ramps on
Geyer Springs being provided prior to issuance of a Certificate
of Occupancy on Backyard Burgers. The motion passed with the
vote of 8 ayes, 0 nays, 2 absent, and 0 abstentions.
N
April 19, 1994
Planning Hearing
ITEM NO.: 2
SUBJECT: 1994 Annual Ordinance Amendments
STAFF REPORT:
The Plans Committee has completed its work on Phase I of
this year's amendment proposals. The guidelines for
development require that the commission, by action at a
hearing, accept the proposal's for later inclusion in the
final ordinance draft.
The first phase consists of eight (8) proposals, most of
which are editorial in nature and are simply cleanup items.
One of the items dealing with kennels and boarding has been
recommended be removed from the list. The Committee felt
that there was not a serious problem and this subject has
been thoroughly reviewed in the last five (5) years,
resulting in the regulations now in place. After
endorsement by the Commission, the Committee will begin work
on the next thirteen (13) items.
PLANNING COMMISSION ACTION:
(APRIL 19, 1994)
The staff presented the first package of amendments as
developed by staff and Plans Committee.
A brief overview of this years projected activity was
offered and at the request of the chairperson, Richard wood
of staff introduced the first eight (8) amendments with the
suggested text change.
After a brief discussion, the Commission voted unanimously
to endorse the first eight (8) and hold these in abeyance
until the remaining elements are completed.
The vote was 9 ayes, 0 noes and 2 absent.
1994 ORDINANCE AMENDMENT PROPOSALS
DRAFT -3 DATE March 22, 1994
ZONING ORDINANCE
Subject: Pag
A.
Chapter reference - change from 27 to 36
1
(Sign Ordinance) (36-107(10)
B.
C.U.P. Buffer and Landscape Ordinance References
2
- 36-107(8) Guidelines
C.
Appeal language for C.U.P. - to City Clerk not
3
Board of Directors (36-101)
D.
Appeal notice consistent between Zoning and C.U.P.
4
(36-85) (36-101). Use 10 day period for both, no
Planning Commission procedure.
E.
Resolve conflict between I-2 district development
5
standards and Landscape and Buffer Ordinance
F.
Definition, dog kennels - expand or add language to
6
use groups (36-2)(?)
G.
Nonconforming use, change in use paragraph. (36-153.(b))
7
to clarify conversion of use. Last sentence rewrite
H.
Staff approval, minor P.U.D. plan and plat change,
8
after final plat or plan recorded (36-461)
I.
Plant nursery, expand definition and add use listings,
9
(36-2)(?)
J.
Permitted signs (36-532(a)(1). Change language to
10
"Zoning Districts" from land use zones
K.
Reference correction (36-253(b)2.(9)) Chapter 36 not 27
11
(Sign Ordinance listing)
L.
Language correction omitted sentence (36-132(c))
12
in site plan approval standards.
M.
Accessory building, percentage of land coverage
13
in rear yard setback (36-156(2)c)
N.
Accessory dwelling, floor area allowed, (36-252(2))
14
700 square foot maximum
SCHEDULE OF HEARINGS/COMMITTEE AND FULL COMMISSION
Plans Committee ---March 10, 1994 ---Work Session
Plans Committee ---March 24, 1994 ---Work Session
Plans Committee ---April 7, 1994 ---Work Session,
Wrap up first phase ---begin Phase II
Full Commission ---April 19, 1994 ---Endorse First Phase
W.P. FILE CODE: Page 1 of 3
1994 ORDINANCE AMENDMENT PROPOSALS
DRAFT 3 DATE March 22, 1994
ZONING ORDINANCE
Subject: Page
O. P.U.D. revocation, language in paragraph 36-458(x) and 15
36-458(a)(1) - cleanup item to conform with other
provisions.
P. Virgules removal - insert "and" or "or" as 16
appropriate (74 total in Ordinance)
Q. Single use listing in P.U.D. - 36-451(a)(b) 17
- to clean up legal question
R. Plant sales - temporary open display, conflict 18
between use listings and definition, possible
use to add to C-2, C-3 and C-4
S. Tent sales of merchandise in C-2, C-3 and C-4 19
(36-298(4)) - a part of "R" above.
T. Conflicting, same language - deletion in 20
(36-338(c)(3) and (4) repeated paragraph with
minor difference
U. Error correction - typo in 36-556(g)2(a) (should 21
be one (1) in first line in parenthesis.
V. Car rental - location by district - "C-3 and 22
C-4" (C.U.P. or by right) - not now listed, also
definition
W. Codify Highway 10 Overlay District in Chapter 36, etc. 23
remove from chapter now listed along with Chenal
Overlay - one place.
X. Group care listing in 0-3, need wording changed 24
to same as definition.
Y. Department name change from Comprehensive Planning 25
in Section 36-53.
Z. Change Planning Commission reference to Board of 26
Adjustment in Section 36-341.(h)(2)c. - floodplain
variance.
SCHEDULE OF HEARINGS/COMMITTEE AND FULL COMMISSION
Plans Committee ---April 7, 1994
Plans Committee ---April 21, 1994
Plans Committee ---May 5, 1994
Plans Committee ---May 19, 1994
Full Commission ---May 31, 1994
Plans Committee ---June 9, 1994 ---Begin work on Phase III
W.P. FILE CODE: Page 2 of 3
1994 ORDINANCE AMENDMENT PROPOSALS
DRAFT 3 DATE March 22, 1994
ZONING ORDINANCE
Subject:
A.A. Add definition of office equipment sales and service.
BB. Change R-3 District use listing to make duplex a
C.U.P. - now by right.
CC. Change basic structure of reclassification of
districts, make staff function if conforming
with plan.
DD. Staff acceptance of any work certified by a
professional.
EE. Establish filing procedure for conditional
reclassification ordinances. To be recorded
with circuit clerk, recorder.
Page
27
28
SCHEDULE OF HEARINGS/COMMITTEE AND FULL COMMISSION
29
30
31
W.P. FILE CODE: Page 3 of 3
1994 ORDINANCE AMENDMENT PROPOSALS
DRAFT 3 DATE March 22, 1994
SUBDIVISION ORDINANCE
Subject•
Page
A.
Amend filing procedure to reflect in 31-89 and
1
31-117 that number of copies to be as commission
sets in instructions.
B.
Elimination of virgules in text -insert "and" -
2
or "or" as appropriate, 21 total in ordinance
C.
Amend design standards for lots to allow straight
3
building lines on cul-de-sac lots rather than an
arc - also require attention to unique shaped lots.
D.
Add provision to require an overall final after
4
platting one lot at a time subdivision.
E.
Review filing procedure for diskettes with plat -
5
1 lot plats vs. multiple.
F.
Correct spelling - state plane coordinates - 31-117(e)
6
G.
Staff approval of all plats, no Planning Commission
7
review, when meeting ordinance standards
H.
Add specific authority for Planning Commission to
8
extend preliminary plats beyond initial one year.
I.
Amend design standards to provide for prohibition
9
of driveway overlap at, intersection of right-of-way
and property lines.
J.
Amend design standards to deal with lots that are
10
configured so as create setback definition problems.
K.
11
L .
12
M.
13
N.
14
O.
15
P.
16
SCHEDULE OF HEARINGS/COMMITTEE AND FULL COMMISSION
W.P. FILE CODE: Page 1 of 1
April 19, 1994
Planning Hearing
ITEM NO.: 3
ITEM: Planning Studies
STAFF REPORT:
Staff will brief the Commission on several ongoing projects.
Reports on Bike Plan, John Barrow Study, and the Otter Creek
Land Use Review will be discussed.
No action will be required by the Commission.
PLANNING COMMISSION ACTION: (APRIL 19, 1994)
Walter Malone, Planner II, indicated that together with
Commission Walker and representatives of the Parks and
Public Works Departments. A new draft plan had been
developed. Ron Newman was distributing the text. Maps were
available for commissioners wishing a copy.
Mr. Malone stated that the Committee was ready to get public
comment and planned to schedule two meetings in May to early
June for that purpose. If the Commission wishes staff will
postpone these meetings and give the Commission a fuller
briefing.
Commissioner Walker indicated his support of the process.
No other commissioners stating a problem, Chairperson Oleson
indicated staff should proceed.
A second item Mr. Malone wished to brief the Commission on
was work in the Mabelvale to Alexander Area. This project
was began as a result of a recent I-2 to R-2 rezoning.
Currently, existing condition information is being
collected. Mr. Malone suggested the Chair might wish to
appoint a commissioner or two work with staff.
Commissioners Wyrick and McDaniel were appointed.
April 19, 1994
Planning Hearing
ITEM NO.: 4 OTHER MATTERS
SUBJECT: Pennants, festoons and wind driven devices.
PROPOSAL: To provide for an ordinance amendment within the
zoning Ordinance allowing the use of pennants and similar
devices.
HISTORY: This ordinance amendment proposal was introduced
to staff August 12, 1993 by members of the Board of
Directors after receipt of letters and petitions from
businesses on South University Avenue.
Staff proceeded to develop this issue as part of a larger
issue dealing with animation, banners and flashing lights.
A special committee was appointed by the Planning Commission
chairman including commissioners, staff, business people and
a civic organization.
This committee developed an ordinance package that addressed
all of the subjects except pennants.
The Planning Commission at a public hearing on December 14,
1993 accepted the committee report and ordinance draft.
There were several persons present, both for and against.
This draft was forwarded to the Board of Directors for
consideration at its meeting on January 18, 1994.
Planning Staff presented the changes offered by this
ordinance draft with a comment that the committee could not
agree on an approach to dealing with pennants. The Board
was told that pennants would be further considered and
reported to the Board at a later date.
On January 18, 1994 the Board accepted the Commission's
recommendation and by Ordinance No. 16,578 enacted the
changes.
Over the next two months the question of how to deal with
pennants was discussed by staff and various commissioners.
On April 19 staff requested that the Commission take some
action to close this issue and forward a recommendation to
the Board of Directors.
A lengthy discussion was held resulting in numerous new
points being expressed. Staff and members of the special
committee answered questions about current ordinance and
possible solutions.
April 19, 1994
ITEM NO.: 4 (Continued) OTHER MATTERS
At the end of this discussion, a motion was made by a
commissioner to send to the Board of Directors a
recommendation that the sign ordinance, stay as is,
continuing to prohibit pennants, festoons and wind driven
devices. The motion passed by a vote of 7 ayes, 2 noes, and
2 absent.
2
April 19, 1994
PLANNING HEARING
Mr. Newman informed the Commission that Chairperson Chachere
had been appointed Planning Commission representative on the
Arkansas Chapter APA Executive Board. Mr. Newman also
invited the Commission to attend the May 12 and 13 annual
meeting of the State APA Chapter in Hot Springs.
There being no further business before the Commission, the
meeting was adjourned at 1:30 p.m.
Date:,, -5 3
Z7• y
Chairman
1