CBC_04 07 2016
The City Beautiful Commission held its regular meeting at 11:30 a.m. on Thursday,
April 07, 2016, at Curran Hall, 615 E. Capitol Avenue. Chairman Ed Peek called the meeting to
order.
MEMBERS PRESENT: Ed Peek Chris Morgan
Steve Homeyer Jordan Thomas
Chris Hancock Becka Webb
Wally Loveless
MEMBERS ABSENT: Janet Wilson
Bob Winchester
Carrie Young
One Open Position
ALSO PRESENT: Beth Carpenter, City Attorney’s Office
D. Tracy Spillman, Plans Development Administrator, Department
of Planning and Development, City of Little Rock
Dana Carney, Zoning and Subdivision Manager, Department of
Planning and Development, City of Little Rock
APPROVAL OF THE MAY MINUTES:
Chairman Peek entertained a motion that the Minutes from the previous month be approved.
Motion: Commissioner Thomas made a motion that the March 03, 2016 Minutes be approved.
Second: Commissioner Morgan seconded the motion and it passed unanimously.
Variance Request: CBC Case # 647, Rebel Kettle
FINDINGS:
This former industrial site located at 822 E. 6th Street is now zoned UU (Urban Use District) and
located within the Presidential Park Overlay District. The site encompasses approximately a half
acre of land and includes an existing 5,562 square foot single story structure. In August of 2015 a
building permit was issued to alter this existing warehouse space to house a new craft brewery.
After the completion of the building renovations the applicant continued unpermitted
improvements to the property which included resurfacing the site to provide onsite parking. In
accordance with the UU district requirements no off street parking is required. In addition no
surface parking is allowed on 6th Street in the Presidential Park Overlay District without a false
facade along the street so as to appear to be a non-vehicular use area. Before the certificate of
occupancy could be issued the building was reviewed by the city inspectors for code compliance.
It was at this time the additional unpermitted work was discovered and brought to the attention the
city’s planning department.
The applicant met with Staff and provided an as-built drawing of the site improvements. This
drawing indicated a one way entrance to the site off of E. 6th Street, angled parking adjacent to the
building and the west property line, a drive continuing around the north end of the building to an
entrance/exit onto Collins Street. This plan also illustrated four parking spaces off of Collins Street
parallel to the northeast corner of the building. There were no provisions made for the required
perimeter planting strips adjacent to the north and west property lines, interior parking or building
landscape areas. Staff communicated the changes that could be made and the variances what would
be required to bring the project into compliance.
As advised the applicant revised the site plan to incorporate the Staff comments. The new plan
indicated a two-way entrance / exit from Collins Street, four (4) parking spaces immediately to the
south and a partial perimeter planting area to the north of the entrance. To allow for one way
vehicular circulation to continue around the north end of the building the remainder of the
perimeter planting strip was not provided. The parking area to the west of the building provides
interior landscape islands, building landscape areas and limited perimeter landscape at the north
and south ends of the site. In addition to the angled parking there is a one way exit o nto E. 6th
which will be flanked on each side by walls forty-two inches in height that will serve as a false
façade to meet the Presidential Park Overlay requirements.
After a reduction in the landscape requirements is taken for projects located in an area designated
as “mature” the revised landscape plan will meet or exceed all of the landscape conditions with
the exception of the perimeter planting strips between vehicular use area and the property lines to
the north and west. A total of twelve (12) trees and thirty-tree (33) shrubs would be required to
meet the site plant material minimums. The current plan shows a total of fourteen (14) trees and
forty-six (46) shrubs. These quantities would meet the requirements before taking the mature
area reduction.
The applicant is trying to improve the property and has demonstrated an effort to amend the
unpermitted construction by adhering to Staff’s recommendations and exceeding the required
landscape quantities.
STAFF RECOMMENDATION:
Staff is supportive of the request to allow the reduced and deleted perimeter landscape strips and
the relocation and planting of the required perimeter trees and shrubs to other areas of the site as
purposed.
Presentation:
Mr. David Carpenter, of Excel Realty Group, Inc. acting as the owner’s representative presented
the project describing the work that has been accomplished and the additional work that remains.
Mr. Carpenter also stated that his client’s intentions were to enhance the property and that he was
not aware of the development requirements. Mr. Carpenter continued to explain that he and his
client had met with Staff and have made an effort to comply with all recommendations.
Commissioner Thomas inquired if arborvitaes are considered trees. Staff member Spillman stated
that they will be in this situation since they are specified at a minimum 2”caliper.
Commissioner Homeyer inquired if a landscape irrigation system will be utilized. Mr. Carpenter
stated that irrigation sleeves have been installed but noted that ir rigation is not required since the
site is less than one acre. He also included that he was not positive of his client’s intentions but
there will be a water source no less than seventy-five (75) feet from the farthest landscape area.
CITY BEAUTIFUL COMMISSION ACTION:
Motion: Commissioner Hancock made a motion that the variance be approved as requested and
as recommended by Staff.
Second: Commissioner Thomas seconded the motion and it passed unanimously.
Variance Request: CBC Case # 648, IHOP
FINDINGS:
The applicant is proposing to rezone the site from C-3, General Commercial District to PCD,
Planned Commercial District, to allow the redevelopment of this site with a new restaurant. The
existing structure will be removed and a new building will be constructed in a similar footprint as
the existing restaurant. The site is located within the Mid-town Design Overlay District which has
specific development criteria related to site layout/parking and building placement. The applicant
is proposing to maintain the existing paved areas within the front yard of the site, along
W. Markham Street and place the building on the rear portion of the site, 17-feet from the rear
property line. The Overlay typically places the building along the street frontage and parki ng on
the side and rear of the building.
The existing drive on W Markham Street will continue to function as a full access drive. The drive
on North University Avenue will be redesigned to allow for a right-in/right-out drive. The grade
will be adjusted to allow easier ingress and egress to minimize the slowing of vehicles entering
the site.
The building is proposed containing 5,200 square feet of floor area which would typically require
the placement of 52 parking spaces.
By razing the existing structure on this nonconforming site and replacing it with a new building
the requirements of Sec. 15-85, dictate that one hundred (100) percent of the vehicular use areas
will need to come into compliance with the current ordinance.
As shown on the site plan this development proposes to locate the new building and parking within
close proximity to the existing conditions. The remainder of the site is considered unbuildable due
to the steep slopes on the north and east sides of the property. The undeveloped portion of the north
perimeter is approximately forty-five (45) feet in depth. The east perimeter is approximately
twenty (20) feet wide adjacent to the drive and approximately one hundred and forty (140) feet
wide between the building and the east property line. All of this area is heavily covered with mature
trees and understory vegetation.
Additional space is not available for the increased parking that would normally be required. In
addition the applicant has requested to retain all forty-one (41) existing parking spaces and not be
required to provide interior landscape areas at the rate of eight (8) percent of the vehicular use
area. It is also being requested that three (3) two (2) caliper trees that would be required for the
forty-one (41) parking spaces be transferred to the undeveloped area east of the building.
Building requirements can be met by relocating the majority of the required landscape. It is
allowable for two thirds of the building landscape to be transferred to other areas of the si te. This
can provided in the only parking island at the west end of the structure and also in the undeveloped
area to the east of the building. The area between the building and the public parking is
approximately one hundred (100) linear feet and would require three (3) two (2) inch caliper trees
and ten (10) shrubs.
The perimeter landscape will be compromised by the Public Works requirements. As part of this
proposed development a typical radial dedication of seventy-five (75) feet for an arterial/arterial
intersection is required. A Planning Commission variance will be needed to eliminate this from
the University / Markham intersection and for the property to be constructed as shown on the site
plan. If this variance is accepted planting areas can be provided on both the north and south of
the reconstructed drive. North of the drive would require approximately two (2) trees and
five (5) shrubs. South of the drive would require approximately one (1) tree and ten (10) screening
shrubs. If the radial dedication is required the planting on the south side of the drive would be lost.
In addition to the radial dedication Public Works has also requested a dedication of right-of-way
sixty-three (63) feet from the curb island located at the center of W Markham Street. This will
allow for five (5) 11-foot west bound lanes, a 2-foot curb and gutter section, and a sidewalk five
(5) foot in width positioned at the back of the street curb. For the south curb line of the interior
parking to remain the applicant has requested that this distance be reduced to fifty-six (56) feet as
shown on the site plan. For this to be allowable an additional Planning Commission variance will
be required. However, either action would eliminate the required six (6) foot nine (9) inch
perimeter landscape strip along W Markham and the required vegetation that would consist of
seven (7) trees and sixty-seven (67) shrubs. Up to twenty-five (25) percent of the perimeter planter
area and associated trees and shrubs may be shifted from one area of the site to another. However,
street tree requirements are not included in this flexibility.
Due to the time restraints placed upon the construction schedule of this project the CBC variance
hearing proceeds the Planning Commission meeting. However, Staff feels that the proposed
development does not meet the intentions of the Mid-town Overlay District and has submitted a
recommendation of denial of the PCD and associated variances to the Planning Commission. In
addition the perimeter variance being requested from the CBC would eliminate any planting area
adjacent to W Markham Street between the parking and the right-of-way and exclude the required
tree and shrub plantings.
STAFF RECOMMENDATION:
Staff is not supportive of the requested perimeter planting strip variance and the elimination of the
planting area, street trees, and screening shrubs adjacent to W Markham Street associated with this
request.
Presentation:
Mr. Tim Daters of White-Daters & Associates, introduced his client’s Ms. Susan North, and Mr.
Marty Gunaca of Golden Cakes Inc. He also introduced White-Daters, landscape architect, Ms.
Sally Horsey.
Mr. Daters stated that after his client renegotiated the lease of the property they had met with the
Public Works and Planning Departments to determine how to redevelop the site to accommodate
the replacement of the existing structure and maintain the existing parking arrangement.
The existing site constraints were discussed and Mr. Daters stated that after examining different
site arrangements the best configuration to meet his clients’ needs was dictated by the existing
conditions. Mr. Daters also stated that any modification of this configuration would require
excavation into the steep banks to the north or east and towards the retaining walls of the
neighboring properties. The Public Works requirements were also noted and Mr. Daters explained
this as the reason the perimeter planting strip will be lost adjacent to the Markham right-of-way.
The existing mature trees on the north and east sides of the property were discussed. Mr. Daters
stated that along with adding trees to this area any invasive species in this area will be eradicated.
He also stated that the existing trees would more than compensate for any plant material that would
be required if this site were cleared and only the minimums were installed to meet the
requirements.
Ms. Sally Horsey stated that if the minimum caliper inches required for the trees were added
together this would equal approximately forty-two (42) inches. She also noted that there is
approximately one hundred and forty-two (142) inches of existing trees located on the site and that
these would most likely remain undisturbed. However, Mr. Daters stated that he was reluctant to
note these existing trees to remain due to the penalties that his client may incur if some of the trees
were lost in the future.
Ms. North presented to the commissioners the history of the site and the history of her and Mr.
Gunaca’s involvement with the IHOP franchise. She also noted the desire to stay in the Mid-town
area and the investigation of other possible sites. Ms. North also presented the design of the new
restaurant and spoke about the parking restraints, the reasons for the new development, and the
enhancements that will be included with the new building and its immediate surroundings. She
noted that any parking loss would be detrimental to the project and believes the proposed
development will coordinate well with the surrounding projects.
The commissioners discuss and ask various questions concerning the layout, right-of-way
dedication, and what landscape areas that will be deleted. The discussion moved to different design
alternatives. Mr. Daters and Ms. North noted that they had investigated several design options that
were being discussed by the commissioners and stated that they believed the best solution was
being shown on the site plan that was being presented. Staff member Carney reminded the
commissioners to remain on task and to make their decisions based on the submitted plans.
After the site design discussion Mr. Daters offered that there could be an opportunity to provide
trees adjacent to the Markham right-of-way by providing a “half diamond” planter aligned with
the parking strip and adjacent to the sidewalk. Mr. Daters stated two small trees could be added to
each side of the parking island shown on the plan which would allow for a total of four (4) street
trees if this is incorporated into the design.
CITY BEAUTIFUL COMMISSION ACTION:
Motion: Commissioner Loveless made a motion that the variance be approved as presented with
the condition that two (2) trees be added (in “half diamond” planters) on each side of the parking
island shown on the site plan for a total of four (4) trees between the parking and the sidewalk
adjacent to the Markham Street right-of-way.
Second: Commissioner Thomas seconded the motion.
The motion carried by a vote of six (6) ayes (1) abstain and three (3) absent.
TREASURER’S REPORT:
Expense Report:
Commissioner Thomas stated that the current balance is $777.46 and inquired of the
commissioners if there will be any foreseeable expenses.
Commissioner Homeyer stated that $75.00 will be required for the gift certificate for CBC Retreat
Facilitator, Ms. Julie Robbins.
COMMITTEE REPORTS: UPDATES:
Community Projects
City Hall South Yard:
Commissioner Thomas presented the amended landscape plan and stated that the plant materials
will need to be donated.
Commissioner Homeyer stated that he would work on securing donations once the plant material
selections have been finalized.
The commissioner’s briefly discussed this project and it was decided that any updates would be
forwarded to Chairman Peek and this would be added to next month’s agenda.
Public Relations
Website:
Commissioner Morgan stated:
The Facebook Page has gained approximately twenty (20) “Likes”.
Commissioner Hancock stated:
That this brought the total number of “Likes” to four hundred and twenty-five (425).
Commissioner Hancock also stated that he has completed building a webform for the Eye of the
Beholder but has not published it yet.
KLRB:
Commissioner Thomas stated that there is nothing new to report.
Adopt-A-Street:
No report
Eye of the Beholder:
Commissioner Loveless noted that he had three (3) nominations and would forward these to
Commissioner Young.
Landscape Awards:
Commissioner Homeyer stated:
These are not open yet and has nothing new to report.
T.R.E.E Fund:
Commissioner Homeyer stated
That there has been no change.
City Beautiful Exhibit:
Commissioner Loveless stated:
That he is still logging items for the exhibit.
Other Cities Committee:
Commissioner Morgan stated:
He did not have a report to present.
NEW BUSINESS:
Chairman Peek stated:
That there is no new business at this time.
Commissioner Thomas presented a revised landscape plan for the South Bowman T.R.E.E. Fund
project.
The commissioners discussed the next steps that need to be taken in order to implement the project.
ANOUNCEMENTS:
The next meeting will be, May 05, at 11:30 am.
Adopt-A-Street Pickup will be decided at the next meeting.
ADJOURNMENT:
Motion: Commissioner Loveless made a motion to adjourn.
Second: Commissioner Jordan seconded the motion and it passed unanimously.
The meeting was adjourned at 1:04pm.
LITTLE ROCK CITY BEAUTIFUL COMMISSION
DEPARTMENT OF PLANNING AND DEVELOPMENT - 723 WEST MARKHAM - LITTLE ROCK, ARKANSAS 72201
PHONE: 501 371-4864 FAX: 501 371-6863 E-MAIL: DSPILLMAN@LITTLEROCK.ORG