pc_04 05 2018sub
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
APRIL 5, 2018
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being eleven (11) members present.
II. Members Present: Craig Berry
Buelah Bynum
Keith Cox
Rebecca Finney
Scott D. Hamilton
Marlon D. Haynes
Troy Laha
Paul Latture
Bill May
Robert Stebbins
Diana M. Thomas
Members Absent: None
City Attorney: Shawn Overton
III. Approval of the Minutes of the February 22, 2018 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
APRIL 5, 2018
OLD BUSINESS:
Item Number:
File Number:
Title:
A. S-1805 Little Rock Tours Subdivision Site Plan Review, located at
3100 Interstate 30.
B. Z-9284 Stix Bar and Grill Short-form PCD, located at 3910 Asher
Avenue.
C. S-1806 Jose Barrientos Preliminary/Final Plat, located at 14502
Alexander Road.
NEW BUSINESS:
I. PRELIMINARY PLAT/REPLAT/SITE PLAN REVIEW :
Item Number:
File Number:
Title:
1. S-1809 Breeding Addition Preliminary Plat, located at 7718
Henderson Road.
2. S-1810 CES Development Subdivision Site Plan Review, located
at 1701 East 22nd Street.
II. PLANNED DEVELOPMENTS:
Item Number:
File Number:
Title:
3. Z-1870-B Kingridge Enterprises Revised Short-form PD-C, located
at 2501 South Broadway Street.
4. Z-4324-A Ace General Contractors Long-form PID, located at
11201 Stagecoach Road.
5. Z-5718-C West Tree Service Revised Long-form PD-I, located at
6300 Forbing Road.
Agenda, Page Two
II. PLANNED DEVELOPMENTS: (CONTINUED)
Item Number:
File Number:
Title:
6. Z-8503-E The Pointe at Brodie Creek Phase II Long-form PRD,
located in the 3100 – 3300 Block of South Bowman Road,
located on the west side of South Bowman Road between
Brodie Creek and the Pointe at Brodie Creek Apartments.
7. Z-9303 Cigar Republic Short-form PCD, located at 1315
Breckenridge Drive.
8. Z-9304 Central Acquisitions LLC Short-form PD-C, located at
12620 Lawson Road.
9. Z-9305 Meyer Long-form PD-C, located at 10 Rusty Tractor Lane.
10. Z-7607-B Lot A Chateau’s on Stagecoach Revised PCD, located on
the Northwest corner of Chateau Lane and Stagecoach
Road.
III. OTHER BUSINESS:
Item Number:
File Number:
Title:
11. LA-0078 Geyer Springs Road and Mabelvale Cut-off Road Tree
Harvest Variance, located south of Rinke Road and
Mabelvale Cut-off Road on both the east and west sides
of Geyer Springs Road.
12. LA-0079 CARTI Land Alteration Variance Request, located
between Carti Way and I-630.
April 5, 2018
ITEM NO.: A FILE NO.: S-1805
NAME: Little Rock Tours Subdivision Site Plan Review
LOCATION: Located at 3100 Interstate 30
DEVELOPER:
Little Rock Tours, Inc.
3100 Interstate 30
Little Rock, AR 72206
OWNER/AUTHORIZED AGENT:
Carey Martin, Little Rock Tours, Owner
Crafton Tull and Associates, Agent
SURVEYOR/ENGINEER:
Crafton, Tull and Associates
10825 Financial Centre Parkway, Suite 300
Little Rock, AR 72211
AREA: 1.87-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 8 – Central City CENSUS TRACT: 5
CURRENT ZONING: I-2, Light Industrial District
VARIANCE/WAIVERS: A variance from Section 36-319 to allow a 15-foot rear yard
setback for the construction of an awning cove ring the proposed drive on the rear of the
building.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting Subdivision/Multiple Building Site Plan Review as per
Section 31-13 of the Little Rock Code of Ordinances. The applicant is proposing
the construction of a 5,760 square foot bus maintenance and service building on
this 1.87-acre site. Access and circulation on the site will not be altered with the
construction of the new building. Service and maintenance function s currently
being performed outdoors will be moved into the new building. Storm drainage
and utilities will be rerouted as shown on the site plan to accommodate
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
2
construction of the new building. Constructed as a single story, the building
façade materials will consist of split face block and metal building panels.
The request includes a variance from Section 36 -319 to allow a 15-foot rear yard
setback for the construction of an awning covering the proposed drive on the rear
of the building.
B. EXISTING CONDITIONS:
Little Rock Tours is located on the property which contains two (2) buildings.
A portion of the area to the west is a single-family subdivision and there is a
single-family home located to the north of the site. Interstate 30 is the prop erty’s
eastern boundary. South of the site is Ryder Truck Rental. The I-30 access road
is one-way south bound adjacent to this site.
C. NEIGHBORHOOD COMMENTS:
All abutting property owners along with the CONO – Community Outreach
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Is the drainage easement public or private? Who is the easement in favor of?
2. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
3. A special Grading Permit for Flood Hazard Areas will be required per Section
8-283 prior to construction.
4. The property or a portion of the property lies within the 100-year floodplain.
The lowest finished floor (including basement) of the proposed structure must
be elevated to at least one (1) foot above the base flood elevation. Attendant
utility and sanitary facilities must be elevated to above the base flood
elevation. The finished floor elevation of at least one (1) foot above the base
flood elevation must be shown on the grading plan and all final plats. An
elevation certificate must be provided prior to the issuance of the certificate of
occupancy.
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
3
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site. EAD
Analysis is required. Contact Little Rock Water Reclamation Authority for
additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities based on the information provided.
There is an existing three phase power line running along the west side of the
property and one that bisects the property to the north feeding the cell tower site.
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: No comment received.
Fire Department:
1. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
2. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
3. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
4. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in accordance
with Table D103.4. Requirements for Dead-end fire apparatus access roads.
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
4
5. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
height shall have at least two means of fire apparatus access for
each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to
124,000 square feet that have a single approved fire apparatus
access road when all building are equipped throughout with
approved automatic sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
6. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned
shall be approved by the fire code official.
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
5
d. D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the
aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
7. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process, contact a commercial plans examiner: Curtis Richey at
501.371.4724 or crichey@littlerock.gov.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements. Any new development shall adhere to the current landscape
code.
2. Existing vehicular use areas may continue as nonconforming until such time
as a building permit is granted to enlarge or reconstruct a structure on the
property exceeding ten (10) percent of the existing gross flo or area. At such
time ten (10) percent of the existing vehicular use area shall be brought into
compliance with the landscape ordinance and shall continue to full
compliance on a graduated scale. Verify existing building and addition square
footage.
3. A land use buffer six (6) percent of the average width/depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. The property to the west is zoned R-2, Single-family. The minimum
dimension shall in no case be less than nine (9) feet in width. As a component
of all land use buffer requirements, opaque screening, whether a fence or
other device, a minimum of six (6) feet in height shall be required upon the
property line side of the buffer. In addition to the required screening, buffers
are to be landscaped at the rate of one (1) tree and three (3) shrubs for every
thirty (30) linear feet.
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
6
4. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
5. Any existing landscape areas shall be protected as per City of Little Rock
Landscape Ordinance (Sec. 15-100). Any trees or vegetation located in close
proximity to construction shall have the area within the dripline fenced and
protected from development activities. Any exiting landscape, irrigation, or
opaque fence adjacent to the residential property disturbed by construction
shall be repaired or replaced before completion and final acceptance of the
project.
6. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfi lling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
Route.
Planning Division: No comment.
H. SUBDIVISION COMMITTEE COMMENT: (December 20, 2017)
Mr. Frank Riggins of Crafton Tull and Associates was present representing the
request. Staff presented an overview of the item stating there were few
outstanding technical issues in need of addressing related to the site plan. Staff
questioned the buffers and screening of the areas adjacent to the single -family
homes. Staff also questioned if any additional signage was proposed with the
new development.
Public W orks comments were addressed. Staff questioned if the drainage
easement was public or private. Staff stated a special grading permit for flood
hazard areas was required. Staff stated the site was located within the 100 -year
flood plain. Staff stated the finished floor of the new building should be located at
least one (1) foot above the base flood elevation.
Landscaping comments were addressed. Staff stated any upgrades to the site
would require compliance with the landscape ordinance minimums based on the
percentage of upgrade. Staff stated any new developed or paved areas were to
comply with the minimum requirements of the landscape ordinance. Staff stated
any existing landscaped areas were to be protected.
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
7
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for f inal action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request. The applicant has provided a note
on the plan stating a new wood fence will be installed adjacent to the residential
homes. The applicant has indicated new signage is proposed along the eastern
facade of the new building with the new construction.
The applicant is requesting Subdivision/Multiple Building Site Plan Review as per
Section 31-13 of the Little Rock Code of Ordinances. The proposal is to allow
the construction of a 5,760 square foot bus maintenance and service building on
this 1.87-acre site. The plan includes the reworking of a number of the buildings
by removing previous additions and the removal of a number of free standing
buildings. The site improvements include the removal of a 3,550 square foot
metal building, metal canopy and columns, 650 square foot metal building and
various areas of pavement. The existing 10,000 square foot office, metal
building, will remain and continue to serve as its current function, the offices for
Little Rock Tours. The removed buildings will be replaced with a new
5,760 square foot 1-story metal building maintenance shop and a 440 square
foot paint booth. The existing storm drain will be rerouted and utilities extended
to serve the new building. A new concrete apron will be installed at the perimeter
of the shop. The building façade materials will consist of split face block and
metal building panels.
Access and circulation on the site will not be altered with the construction of the
new building. Service and maintenance functions currently being performed
outdoors will be moved into the new building. Storm drainage and utilities will be
rerouted as shown on the site plan to accommodate construction of the new
building. Easements will be relocated, both public and private, and dedicated via
newly recorded easement dedication deed. The applicant is proposing to
connect to the sanitary sewer system to allow the water from the bus washing to
flow into and be contained within the sanitary sewer. If during review the
applicant elects to not connect to the sanitary sewer system the applicant must
contact the Arkansas Department of Environmental Quality to obtain all proper
permits.
The applicant is requesting a variance from Section 36 -319 to allow a 15-foot
rear yard setback for the construction of an awning covering the proposed drive
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
8
on the rear of the building. The property is zoned I -2, Light Industrial District
which typically requires the placement of a 25-foot rear yard setback.
The Subdivision/Multiple Building Site Plan Review as per Section 31 -13 of the
Little Rock Code of Ordinances states Subdivision Site Plan Review is a
development review process that provides for case by case consideration of
project particulars including the provision of parking and landscaping in
accordance with the appropriate ordinances, siting of buildings, and the
relationships with adjoining properties.
Ordinance No. 20,839 adopted by the Little Rock Board of Directors on
February 11, 2014, modified Section 31-13(f) of the Little Rock Code to limit the
term of approval of a site plan to a maximum of three (3) years from the date of
approval. If an approved multi-phase development, has not been completed
within three (3) years of the date of approval the site plan must be reviewed and
reapproved by the Commission in the same manner as the initial site plan review.
Staff is supportive of the applicant’s request. The applicant is seeking site plan
approval per Section 31-13 to allow the placement of more than one (1) structure
on a single parcel of property. The applicant is proposing upgrades to the site
including additional landscaping and a new screenin g fence adjacent to the
residential homes. Although there is a variance to allow a reduced building
setback along the rear property line staff does not feel this will significantly
impact this site or the adjoining homes.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from Section 36 -319 to allow
a 15-foot rear yard setback for the construction of an awning covering the
proposed drive on the rear of the building.
PLANNING COMMISSION ACTION: (JANUARY 11, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request dated January 8, 2018,
requesting a deferral of this item to the February 22, 2018, public hearing to allow the
developer’s time to meet with the adjoining neighborhood. Staff stated the deferral
request would require a waiver of the Commission’s By-laws with regard to the late
deferral request. A motion was made to approve the By-law waiver request with regard
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
9
to the late deferral request. The motion carried by a vote of 11 ayes, 0 noes and
0 absent. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and
0 absent.
STAFF UPDATE:
The applicant submitted a request dated February 6, 2018, requesting deferral of this
item to the April 5, 2018, public hearing. Staff is supportive of the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 22, 2018)
The applicant was present. There were no registered objectors present. Staff stated
the applicant had submitted a request dated February 6, 2018, requesting deferral of
this item to the April 5, 2018, public hearing. Staff stated they were supportive of the
deferral request. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and
1 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff which has relocated the proposed
new construction. The proposed project includes the construction of a 5,760 square
foot bus maintenance and service building on this 1.87 -acre site. Since the initial site
plan submittal, the proposed building location has been moved north on the property to
allow for the transition between the current site elevation and the finish ed floor elevation
needed to meet flood plain development requirements.
Access and circulation on the site will not be altered with the construction of the new
building. The service and maintenance functions currently being performed outdoors
will be moved into the new building. Storm drainage and utilities will be rerouted as
indicated on the site plan to accommodate construction of the new building. An existing
utility easement will be relocated with the new construction.
Construction is proposed as a single story. The building façade materials will consist of
split face block and metal building panel.
The applicant is requesting a variance to allow a 15-foot rear yard setback. This
request is to accommodate the construction of an awning covering the proposed drive
on the rear of the building. Based on the orientation of the lots when the lots were
April 5, 2018
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1805
10
platted this would typically be a side yard setback. Based on the way the property has
developed staff is reviewing and considered this as the rear yard.
Staff continues to support the applicant’s request. The applicant is seeking approval to
allow the removal of an existing metal building and the allowance of construction of the
new maintenance building. The plan also indicates the placement of a small, 28-foot by
16-foot paint booth. To staff’s knowledge there are no remaining outstanding technical
issues associated with the request. Staff feels the new construction as proposed is
appropriate.
Staff recommends approval of the request subject to compliance with the comments
and conditions as outlined in paragraphs D, E and F of the agenda staff report.
Staff recommends approval of the variance request from Section 36 -319 to allow a
15-foot rear yard setback for the construction of an awning covering the proposed drive
on the rear of the building.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation of approval of the variance
request from Section 36-319 to allow a 15-foot rear yard setback for the construction of
an awning covering the proposed drive on the rear of the building. There was no further
discussion. The item was placed on the consent agenda and approved as
recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: B FILE NO.: Z-9284
NAME: Stix Bar and Grill Short-form PCD
LOCATION: Located at 3910 Asher Avenue
DEVELOPER:
Stix Bar and Grill
Cedric Love
2221 Marr Street
North Little Rock, AR 72114
OWNER/AUTHORIZED AGENT:
Glynda Gibson - Owner
Cedrick Love and Tomerra Cooney - Agent
SURVEYOR/ENGINEER:
South Point Surveying
1082 Grant 708
Sheridan, AR 72150
AREA: 0.44-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 12
CURRENT ZONING: C-3, General Commercial District
ALLOWED USE: General Retail
PROPOSED ZONING: PCD
PROPOSED USE: Private club and Events center
VARIANCE/WAIVERS: None requested.
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a rezoning of the site from C-3, General Commercial
District, to PCD, Planned Commercial Development District, to allow the use of
the property as a private club and events center. The applicant proposes live
music, bands and groups as well as comedy and karaoke. There will also be
pool tables located on site. The hours of operation are from 11 am to midnight
Monday through Thursday and from 11 am to 2 am Friday and Saturday. The
building contains 4,200 square feet of floor area. The site plan submitted
indicates 31 parking spaces.
B. EXISTING CONDITIONS:
The property contains a commercial building which has been tagged as
condemned by the fire marshal. There is a paved drive from this site to Cedar
Street which is located on property owned by the Allen Temple African Methodist
Church. Other uses in the area include single -family homes north of the site,
primarily single-family north of West 27th Street, and commercial/industrial uses
along Asher Avenue.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the Love
Neighborhood Association, the Midway Neighborhood Association and the
Goodwill Neighborhood Association were notified of the public hearing. The
notice to Mid-way Neighborhood Association was returned marked unable to
forward.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Asher Avenue is classified on the Master Street Plan as a principal arterial
with special design standards. Dedication of right-of-way to 45-feet from
centerline will be required. The area being dedicated should not include the
building footprint.
2. Pine Street is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30-feet from centerline will be required. The area
being dedicated should not include the building footprint.
3. A 20-foot radial dedication of right-of-way is required at the intersection of
Asher Avenue and Pine Street. Due to the building footprint being within this
area, the radial dedication is not required.
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
3
4. Provide a proposed parking and circulation plan.
5. Obtain permits for improvements within State Highway right -of-way from
AHTD, District VI.
6. Remove all existing driveway aprons which are not proposed to be used in
the parking plan.
7. The handicap access ramp should be reconstructed at the intersectio n of
Asher Avenue and Pine Street.
8. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
9. Additional comments may apply following submittal of the parking and
circulation plan.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site. EAD
Analysis required. Contact Little Rock Water Reclamation Authority for additional
information.
Entergy: Entergy does not object to this proposal. Service is already being
provided to the structures on this property with no apparent conflicts with existing
facilities. There are a couple power poles with cable secondary feeding lights in
the existing proposed parking area. Contact Entergy in advance to discuss any
changes to electrical service requirements, or adjustments to existing facilities
(if any) as this proposal proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: No comment received.
Fire Department:
1. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
2. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
4
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
3. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approve d fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
4. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
Building Code: Property has many deficient building code violations that must
be corrected/repaired before occupancy is acceptable. Review and approval is
required by Building Codes Division before occupancy takes place. For
information on previous permits and the items remaining a review must be done.
Contact a commercial plans examiner, Curtis Richey at 501.371.4724 or
crichey@littlerock.org.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Any new development shall adhere to the current landscape code.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
5
G. Transportation/Planning:
Rock Region Metro: The site is located on Rock Region Metro Route #14, the
Rosedale Route.
Planning Division: This request is located in I-630 Planning District. The Land
Use Plan shows Commercial (C) for this property The Commercial category
includes a broad range of retail and wholesale sales of products, personal and
professional services and general business activities. Commercial activities vary
in type and scale, depending on the trade area that they serve. The applicant has
applied for a rezoning from C-3 (General Commercial District) to PCD (Planned
Commercial Development) to allow the use of the site as a private club and
events center.
Master Street Plan: The north side of the property is Asher Avenue and it is
shown as a Minor Arterial on the Master Street Plan Streets. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects o n traffic and pedestrians on Asher
Avenue since it is a Minor Arterial. This street may require dedication of right -of-
way and may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Asher Avenue. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (December 20, 2017)
The applicant was present. Staff presented an over view of t he item stating there
were a number of outstanding technical issues associated with the request in
need of addressing related to the site plan. Staff requested the applicant provide
the proposed parking layout and circulation plan. Staff also requested t he
applicant provide any parking agreements with adjacent property owners.
Public Works comments were addressed. Staff stated right of way dedication
was required on all abutting streets. Staff stated handicap access ramps should
be reconstructed at the intersection of Asher Avenue and Pine Street. Staff also
stated any broken curb, gutter or sidewalk located in the right of way was to be
replaced prior to the issuance of a certificate of occupancy.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
6
I. ANALYSIS:
The applicant has provided staff an updated site plan which includes the
proposed parking and circulation plan addressing comments raised at the
December 20, 2017, Subdivision Committee meeting. The applicant has not
included parking on areas that are not currently under their proposed ownership.
The request is a rezoning of the site from C-3, General Commercial District, to
PCD, Planned Commercial Development District, to allow the use of the property
as a private club and events center. The applicant proposes live music, bands
and groups as well as comedy and karaoke. There will also be pool tables
located on site. The use of the property does include ticketed events.
The zoning ordinance defines an event center as any privately owned property,
building or portion of a building, the primary purpose of which is to be rented or
leased for parties, entertainment functions, conventions, conferences, seminars,
assemblies or meetings. This definition shall not include those fac ilities, banquet
halls or meeting facilities which are an ancillary use to a permitted use within a
zoning district. A private club with dining or bar service is defined in the zoning
ordinance as a group of people associated or formally organized for a c ommon
purpose, interest or pleasure. Facilities include dining or bar accommodations,
none of which are available except to members or their guests.
Separation requirements for event centers and private clubs are to be
determined by the Planning Commissio n so as not to adversely impact the
neighborhood. Event center review shall consider the following additional
requirement: (a) An event center shall not be located within seven hundred fifty
(750) feet of the following: (1) A church or other religious faci lity. (2) A sexually-
oriented business as defined by Chapter 17 of the Code of Ordinances.
(3) A public or private elementary, secondary or p ostsecondary school, a day
care center or any facility that operates programs for children or youth. (4) Any
single-family or multifamily residential use, except a hotel or motel, or a
residential use that is within a unified development that contains both the event
center and the residential use. There are single -family homes located
immediately north of this site.
The hours of operation are from 11 am to midnight Monday through Thursday
and from 11 am to 2 am Friday and Saturday. The hours of dumpste r service will
be limited to 7 am to 6 pm Monday through Friday.
The building contains 4,200 square feet of floor area. Parking for an events
center is typically based on one (1) parking space per 100 gross square feet of
floor area. Based on the square footage of the building 42 parking spaces would
typically be required. The site plan submitted indicates 31 parking spaces.
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
7
The applicant has not indicated the proposed signage plan. The building has
frontage on Asher Avenue and on South Pine Street . Staff recommends signage
be limited to signage allowed in commercial zones or a maximum of ten (10)
percent of the façade area abutting the public streets. Any ground sign is to be
limited to a maximum of 36-feet in height and 160 square feet in sign area.
Staff is not supportive of the applicant’s request. The site plan as indicated does
not include adequate parking to serve the proposed use. In addition, portions of
the parking will be located within the right of way once right of way dedication i s
completed. The applicant indicates food service will be provided via a food truck
service. If this is the case then parking spaces will be lost to allow the food truck
to set-up. The plan does not include an upgrade to the existing landscaping
located on the site. The site is currently and will continue to be solely pavement
and building. Staff feels the use of the building as an events center and private
club is too intense for this site.
J. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (JANUARY 11, 2018)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to provide staff with the requested
parking and circulation plan and the parking agreement(s) with adjacent property
owners. Staff presented a recommendation of deferral of this item to the February 22,
2018, public hearing. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes
and 0 absent.
STAFF UPDATE:
The applicant has not provided staff with the requested parking layout and circulation
plan. Staff recommends deferral of this item to the April 5, 2018, public hearing.
PLANNING COMMISSION ACTION: (FEBRUARY 22, 2018)
The applicant was not present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral stating t he applicant had not
provided staff with the requested parking layout and circulation plan. Staff presented a
April 5, 2018
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-9284
8
recommendation the item be deferred to the April 5, 2018, public hearing. There was
no further discussion. The item was placed on the consent agenda and approved as
recommended by staff by a vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item with a recommendation of denial.
Ms. Tomerra Cooney, the applicant, addressed the Commission stating she was
meeting with the pastor of the adjacent property next week to gain a parking agreement
from his church to allow her business to utilize his parking.
Staff questioned if she was amending her application. Ms. Cooney stated she felt the
additional parking would address one of staff’s concerns. Staff stated if the application
was being amended the item was to be deferred.
A motion was made to defer the item to the May 17, 2018, public hearing. The motion
carried by a vote of 11 ayes, 0 noes and 0 absent.
April 5, 2018
ITEM NO.: C FILE NO.: S-1806
NAME: Jose Barrientos Preliminary/Final Plat
LOCATION: Located at 14502 Alexander Road
DEVELOPER:
Jose Barrientos
704 Prickett Road
Bryant, AR 72022
OWNER/AUTHORIZED AGENT:
Jose Barrientos, Owner/Agent
SURVEYOR/ENGINEER:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72062
AREA: 1.47-acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04
CURRENT ZONING: R-2, Single-family
VARIANCE/WAIVERS: A variance from Section 31-231 to allow the creation of a lot
without public street frontage.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting plat approval to allow the creation of two (2) lots from
this existing 1.47-acre parcel. The lots are indicated containing 0.32-acres and
1.17-acres. Lot 2 contains an existing single-family residence. Lot 1 is proposed
for future construction of a new single-family home. The request includes a
variance from Section 31-231 to allow the creation of a lot without public street
frontage.
April 5, 2018
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: S-1806
2
B. EXISTING CONDITIONS:
This area is predominately single-family homes located on large lots or acreage.
There are new homes being developed in this area. Alexander Road is a
substandard narrow roadway with open ditches for drainage. The town of
Alexander is located to the west of this site. There is an attached single -family
development being constructed to the east of this site along Vimy Ridge Road.
C. NEIGHBORHOOD COMMENTS:
All abutting property owners along with the Alexander Road Neighborhood
Association and Southwest Little Rock United for Progress were notified of the
public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Alexander Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45-feet from centerline will be required.
2. All driveways shall be concrete aprons per City Ordinan ce.
3. Driveway locations and widths must meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. With Alexander Road being an
arterial street with speed greater than a typical residential street and the
proposed side by side driveways with the property to the south creating
confusion and conflict, the proposed ingress/egress access easement should
be relocated near the north property line. This location will also improve sight
distance.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project. Existing easements
must be retained. Contact Little Rock Water Reclamation Authority for additional
information.
Entergy: Entergy does not object to this proposed plat. There do not appear to
be any conflicts with existing electrical utilities at this location. Service is already
being provided to a house located at this address. A three phase , overhead
power runs along the south side of Alexander Road in front of this property.
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
April 5, 2018
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: S-1806
3
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the Developer’s
expense.
3. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
4. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges.
5. If there are facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the developer.
6. Contact Central Arkansas Water regarding the size and location of the water
meter.
7. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of th e RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
Fire Department: No comment.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
Building Code: No comment.
April 5, 2018
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: S-1806
4
Landscape: No comment.
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
Route.
Planning Division: No comment.
H. SUBDIVISION COMMITTEE COMMENT: (January 31, 2018)
The applicant was present representing the request. Staff presented an
overview of the item stating there were additional items necessary to complete
the review process. Staff stated the new lot line should be indicated with a
minimum lot depth of 100-feet and a minimum rear yard setback of 25-feet.
Public Works comments were addressed. Staff requested the applicant relocate
the drive to the north side of the property to allow for additional sight distance
and to reduce confusion and conflicts with the adjacent driveway to the south.
Staff also stated all driveways were to be concrete aprons per City code.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant has revised the plat to allow for a minimum lot depth of 100 -feet for
Lot 2 and indicated the rear building setback of 25 -feet. The applicant is working
with public works staff to determine the best location for the driveway to serve the
existing home as well as the new home.
The request is for plat approval to allow the creation of two (2) lots from an
existing 1.47-acre parcel. The lots are indicated containing 0.32-acres and
1.17-acres. Lot 2 contains an existing single-family residence. Lot 1 is proposed
for future construction of a single-family home.
The request includes a variance from Section 31-231 to allow the creation of lots
without public street frontage. The applicant is proposing to serve the rear lot via
an access and utility easement extending from Alexander Road to the new lot.
The easement will be placed in the best location to provide adequate sight
distance for the drive intersection with Alexander Road.
April 5, 2018
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: S-1806
5
Staff is continuing to work with the applicant to determine the best location for the
drive accessing the two (2) lots. Staff will provide an update and
recommendation at the upcoming public hearing.
J. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION: (FEBRUARY 22, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item stating they and the applicant had not been able to resolve staff’s
concerns regarding the placement of the driveway to serve the existing lot and the new
lot. Staff presented a recommendation of deferral of the item to the April 5, 2018, public
hearing to allow additional time to resolve this issue. The item was placed on the
consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes
and 1 absent.
STAFF UPDATE:
The applicant has submitted a revised preliminary plat with access located along the
northern boundary. The plat includ es the dedication of right of way along Alexander
Road per the Master Street Plan requirement. The plat indicates the placement of a
25-foot building line along Alexander Road. The ordinance would typically require a
30-foot building line adjacent to an arterial street classification. If a 30-foot building line
is included the existing home would be located beyond the building line. Staff is
supportive of the building line as indicated. The applicant has addressed staff’s
concerns related to sight distance with moving the driveway to the location indicated on
the plat. To staff’s knowledge there are no remaining outstanding technical issues
associated with the request. Staff recommends approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff recommends approval of the variance request to allow the
creation of Lot 1 as a lot without public street frontage.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation of approval of the variance
April 5, 2018
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: S-1806
6
request to allow the creation of Lot 1 as a lot without public street frontage. There was
no further discussion. The item was placed on the consent agenda and approved as
recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 1 FILE NO.: S-1809
NAME: Breeding Addition Preliminary Plat
LOCATION: Located at 7718 Henderson Road
DEVELOPER:
Gary Breeding
4501 Lloyd Drive
Little Rock, AR 72210
OWNER/AUTHORIZED AGENT:
Gary Breeding – Owner/Agent
SURVEYOR/ENGINEER:
Edward Lofton
15415 Oakcrest Lane
Little Rock, AR 72206
AREA: 4.97-acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.21
CURRENT ZONING: R-2, Single-family
VARIANCE/WAIVERS:
1. A variance from Section 31-232(f) to allow the creation of a pipe stem lot (Lot 2).
2. A variance from Section 31-232 to allow an increased depth to width ratio for Lot 3.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The request is to subdivide this 4.97-acre parcel into three (3) lots to allow for the
future development of two (2) additional homes. One of the lots, Lot 2, is being
created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio variance.
Lot 2 will be provided access via a 30-foot pipe stem which includes a utility
easement extending from Henderson Road. Test pits have been dug and
evaluated and the soils are suitable for a subsurface septic system on Lot 1.
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
2
A subsurface sewage disposal system has been approved for Lot 2 by the
Arkansas Department of Health. Lot 3 has an existing residence with a
subsurface septic system in place.
B. EXISTING CONDITIONS:
The property is located outside the city limits of the City of Little Rock but within
the City’s Extraterritorial Planning Jurisdiction. The area is predominately single -
family homes on large tracts and acreage. Henderson Road is a narrow road
constructed of chip and seal asphalt. The roadway has no sidewalks in place
and open ditches for drainage.
There is an area of C-1, Neighborhood Commercial District zoning to the
northwest along Raines Road. There is an area of AF, Agriculture and Forestry
zoned property to the south of this site. The Planning Commission approved a
Conditional Use Permit request at their April 25, 1996, public hearing to allow the
placement of a manufactured home on this site for a period of five (5) years for
an aging parent of the previous property owner.
Also located in the area (8210 Henderson Road) is a property zoned PD -O,
Planned Development Office, which was approved for a law office in April 1999.
The approval allowed the conversion of a single -family residence into an office
use. The approval was limited to the McHenry Law firm and when the McHenry
Law firm no longer used the property as their law office or the property was sold
the structure was to revert back to a single-family residence.
C. NEIGHBORHOOD COMMENTS:
All abutting property owners along with Southwest Little Rock United for Progress
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Henderson Road is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25-feet from centerline will be required.
2. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvement to Henderson Road
including 5-foot sidewalks with the planned development. The new back of
curb should be placed 26-feet from the centerline of the street.
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
3
3. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site s hall be
repaired by the responsible party prior to issuance of a certificate
of occupancy.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Outside the service boundary.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. A single phase
overhead electrical power line runs along the west side of Henderson Road at
this location. Easement locations and widths for the power lines will be
discussed as the properties develop. Contact Entergy in advance to discuss
electrical service requirements, or adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: A utility easement will not suffice for water service to
Lot 2. Lot 2 should own a 10-foot strip of land to the main on Henderson Road
along the south line of Lot 1.
Fire Department: No comment.
Parks and Recreation: No comment received.
County Planning:
1. Obtain septic permit from the Arkansas Department of Health for any
undeveloped lots prior to requesting a 911 address.
2. Pay $10.00 review fee.
3. Record plat at the Pulaski County Clerk’s office within one-year of the date of
execution or the plat is null and void.
F. Building Codes/Landscape:
Building Code: No comment.
Landscape: No comment.
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
4
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
route.
Planning Division: No comment.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
The applicant was not present. Staff presented an overview of the item stating
there were few outstanding technical issues in need of addressing related to the
site plan. Staff stated they would work with the applicant to secure the additional
information necessary to complete the review process. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
I. ANALYSIS:
The applicant submitted a revised preliminary plat to staff addressing the
technical issues raised by staff at the March 14, 2018, Subdivision Committee
meeting. To address Central Arkansas Water’s concern the plat now indicates
Lot 2 as a pipe stem lot. The plat also indicates right of way dedication on
Henderson Road per the Master Street Plan or 25-feet from centerline.
The request is to subdivide this 4.97-acre parcel into three (3) lots and to allow
the future development of two (2) additional homes on the site. There is an
existing home located on Lot 3. There are variances associated with the request
with regard to the lot depth to width ratio and the creation of a pipe stem lot. Lot
2 is being created as a pipe stem lot. Lot 3 is indicated with a depth to width ratio
variance.
Section 31-232 of the subdivision ordinance states pipe stem lots shall be
prohibited in residential subdivisions. The ordinance further defines the criteria
for creating a pipe stem lot in Section 31 -2. Lot 2 will be provided access via a
30-foot pipe stem which includes a utility easement extending from Henderson
Road. The ordinance defines a pipe stem lot as a tract of land which is served
for access, legally and physically by a narrow strip of land less than the
ordinance required minimum lot width. The body of a pipe stem lot is typically an
elongated figure or a polygon capturing a difficult building site behind another lot.
For purposes of a variance of subdivision design for a pipe stem lot the following
minimum dimensions will control: The minimum width of the stem at the street
right-of-way shall be thirty (30) feet. The maximum depth of a pipe stem lot,
including the stem shall be limited to three hundred (300) feet. The minimum
width of the lot body shall be sixty (60) feet. The minimum lot area shall be ten
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
5
thousand (10,000) square feet. With the creation of the pipe stem lot the width of
the pipe stem at the street right of way is not being met. Also the depth of the lot
for proposed Lot 2 exceeds the 300-foot typical maximum depth allowance.
The request includes a variance from Section 31-232 to allow an increased lot
depth to width ratio for Lot 3. The Subdivision Ordinance states no residential
lot shall be more than three (3) times as deep as it is wide, except lots
approved under paragraph (g) or zero lot line lots in the R-2, Single-family
R-3, Single-family, Planned Residential Development (PRD) and Planned
Development Residential (PD-R) zoning districts. The ordinance states no lot
except lots designated for townhouse use shall average less than one hundred
(100) feet in depth. The lot width is to be measured at the building line except in
the case of a lot abutting a cul-de-sac where the average width of the lot is to be
used. The lot is indicated with a depth of 740-feet and a lot width at the building
line of 200-feet.
Section 31 -400 states for residential lots or development tracts not served by a
public or community sanitary sewerage system whose disposal is approved by
the state department of pollution control and ecology, the subdivider sh all
submit documentation with submission of the preliminary plat that the state
department of health, or its delegated authority, will approve septic tank
installations, or other individual wastewater disposal methods for service to the
subdivision propose d to be platted. The applicant notes test pits have been dug
and evaluated and the soils are suitable for a subsurface septic system on Lot 1.
At the time a new home is proposed for Lot 1 the applicant will seek approval
from the Arkansas Department of Health for the installation of the sewerage
disposal system. A subsurface sewage disposal system has been approved for
Lot 2 by the Arkansas Department of Health. Lot 3 has an existing residence
with a subsurface septic system in place.
Also per the ordinance, Section 31 -400, the subdivider shall either install the
improvements referred to this section, or whenever a septic tank and absorption
system or private water supply is to be provided, require as a condition in the
bill of assurance of the subdivision, that those facilities shall be installed by the
builders of the improvements of the lots in accordance with this section. The
applicant notes this statement will be included in the bill of assurance.
Staff is supportive of the applicant’s request. The applicant is seeking approval
to allow the creation of three (3) lots which would allow the placement of two (2)
additional homes on the property. The lots are indicated with adequate area to
allow for septic systems to serve the new homes. Alt hough there are variances
associated with the request staff does not feel the creation of the pipe stem lot
and/or the variance request to allow a depth to width ratio for Lot 3 will
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
6
significantly impact the new lots and future homes. To staff’s knowledge there
are no remaining outstanding technical issues associated with the request.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of t he agenda
staff report.
Staff recommends approval of the variance request from Section 31 -232(f) to
allow the creation of a pipe stem lot.
Staff recommends approval of the variance request from Section 31-232 to allow
an increased depth to width ratio f or Lot 3.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
Mr. Ed Lofton was present representing the request. There were two (2) registered
objectors present. Staff presented the item with a recommendation of approval of the
request subject to compliance with the comments and conditions as outlined in
paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of
approval of the variance request from Section 31-232(f) to allow the creation of a pipe
stem lot. Staff presented a recommendation of approval of the variance request from
Section 31-232 to allow an increased depth to width ratio for Lot 3.
Mr. Lofton stated he would yield his time to the opposition to allow him to address the
concerns.
Mr. Robert McHenry addressed the Commission in opposition of the request. He stated
he was speaking for four (4) property owners in the area, all of which were opposed to
the request. He stated there were concerns of the wastewater treatment and the
affluent and the potential for leaching into an adjacent pond. He stated he was
concerned with setting precedent for the small lot development in the area. He stated
he was concerned with the potential impact of the development on traffic in the area.
He stated he was also concerned with the future residents of the lots and their shooting
range they had installed on their property. He stated once the lots were subdivided and
a home built there would be little area left for the shooting range. He stated he
understood rights but he was concerned the bullets would stray. He stated his family
had horses on the adjacent property and did not want his animals hurt. He stated the
property was not zoned for a shooting range. He questioned distances form homes and
property required for a shooting range. He questioned if the new lots would drill wells or
connect to Central Arkansas Water. He stated the water line was put in place via an
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
7
improvement district. He questioned if the new property owners were willing to pay for
their share of the line.
Ms. Donna McHenry addressed the Commission in opposition of the request. She
stated their property was to the south and west of this site. She stated she rode horses
in the adjacent field and the shooting was a big concern. She stated it was diff icult to
tell where the bullets were traveling. She stated she was also concerned with the
sewage and the potential impact on the adjacent pond. She stated staff stated there
were approvals from the Health Department but the area residents had not seen a ny of
the approvals.
Ms. Heidi Theroux addressed the Commission in opposition of the request. She stated
her concern was for her animals as well as the potential impact of the small lots on the
area property values. She stated with the additional lots traffic would increase. She
stated her concern was the detriment on property values with the new lots.
Ms. Janette Goss addressed the Commission in opposition of the request. She stated
she lived within a block of the proposed subdivision. She state d her concerns were
similar to the previous speakers. She stated Henderson Road was a quiet rural road.
She stated there were a number of small children in the area and the residents walked
the road for exercise. She stated she had owned her property for 20-plus years. She
stated at the time they bought their property they were told the area was located in the
City’s Planning Jurisdiction but there was a limit on the lot sizes allowed. She stated
she was told a minimum lot size of five (5) acres was required for any new homes in the
area.
Mr. Lofton stated there were a number of item discussed and he would try to address
each of them. He stated the Health Department had approved a septic system for Lot
2. He stated the test pits were dug for Lot 1 but since no new home was proposed on
Lot 1 he did not seek a septic permit for Lot 1. He stated the Health Department
required a minimum setback from ponds of 100 -feet. He stated the plat as proposed
met this requirement. He stated the two (2) additional homes would not generate a
great deal of traffic. He stated the new lots would connect to Central Arkansas Water
for water service. He stated he could not address the shooting range comments.
Commissioner Laha questioned detention. Mr. Lofton state d staff did not request
information concerning detention.
There was a general discussion concerning the plat, the bill of assurance of the new
homes which would be built on the lots. Staff stated the new home construction was not
an issue for the Commission to consider. Staff stated if the homes were not site built
homes there would be a public review process to allow the homes to be placed on
the lots either through a Conditional Use Permit or a rezoning depending on the
housing type.
April 5, 2018
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1809
8
A motion was made to approve the request including all staff recommendations and
comments. The motion failed by a vote of 5 ayes, 6 noes and 0 absent.
April 5, 2018
ITEM NO.: 2 FILE NO.: S-1810
NAME: CES Development Subdivision Site Plan Review
LOCATION: Located at 1701 East 22nd Street
DEVELOPER:
CES Development
1701 East 22nd Street
Little Rock, AR 72201
OWNER/AUTHORIZED AGENT:
CES Development, Christopher Matthews – Owner
Marlar Engineering Co. Inc. - Agent
SURVEYOR/ENGINEER:
Marlar Engineering Co., Inc.
5318 John F Kennedy Boulevard
North Little Rock, AR 72116
AREA: 2.87-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 7 – I-30 CENSUS TRACT: 2
CURRENT ZONING: I-2, Light Industrial District
VARIANCE/WAIVERS:
1. A variance from Sections 30-43 and 31-210 to allow the drive less than 125-feet
from the side property line and 250-feet from other driveways or street intersections
and to allow the driveway width to exceed 36-feet.
2. A variance from Section 36-522 to allow the elimination of the street buffer
requirement.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The site contain an existing 26,500 square foot industrial building and a graveled
parking area. There are two (2) additional smaller structures located on the site.
A 25-foot by 16-foot metal building and a 10-foot by 18-foot metal canopy. The
applicant is proposing to add an additional building to the site. The building is
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
2
proposed east of the existing building and is proposed 65 -feet by 180-feet
containing 12,600 square feet. A new drive is proposed from East 22 nd Street to
serve the new building.
The applicant is seeking approval of variances from the development standards
of Sections 30-43, 31-210 and 36-522. The applicant is requesting to allow the
drive less than 125-feet from the side property line and 250-feet from other
driveways or street intersections and to allow the driveway width to exceed
36-feet. The applicant is also seeking approval of the elimination of the street
buffer requirement.
B. EXISTING CONDITIONS:
The property is located within an industrial area of the City between I -30 and the
Bill and Hilary Clinton Airport. There are single -family homes located to the north
of this site between East 16th and East 22nd Streets and between Security
Avenue and Boyce Street. East 22nd Street is a narrow unimproved street. The
street appears to be a chip and seal asphalt with open ditches for drainage.
There are no sidewalks in place along East 22nd Street.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the CONO,
Community Outreach Neighborhood Association and the Hanger Hill
Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. With site development, provide the design of street conforming to the Master
Street Plan. Construct one-half street improvements across the subject
property to East 22nd Street with the planned development. The new back of
curb should be located 15.5-feet from centerline.
2. The proposed building setback should be sufficient for expected vehicles to
not extend into the public right-of-way while loading and unloading.
3. The existing gravel driveway aprons are not permitted and should be
constructed with concrete aprons.
4. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan. Maintenance of the
detention pond and all private drainage improvements is the respon sibility of
the developer and/or property owner.
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
3
5. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must not
exceed 36-feet. Driveway spacing on commercial streets is 125-feet from the
side property line and 250-feet from other driveways or street intersections.
A variance must be requested for the proposed driveway location.
6. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this property.
Environmental Assessment Division, EAD, review required if food service on site.
Contact Little Rock Water Reclamation Authority for additional information.
Entergy: Entergy and the developer will need to discuss this project in more
detail before the proposed building can be added at the location shown on the
drawing provided to Entergy. There is an existing three phase, overhead power
line which extends along the eastern edge of the existing building – exactly
where the proposed building is to be constructed. NESC code clearances will
not permit this line to remain if the proposed building is to be built where
proposed. Contact Entergy in advance to discuss electrical service requirements,
and adjustments to existing facilities as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: No comment received.
1. All Central Arkansas Water requirements in effe ct at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
3. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s materials
and construction specifications and installation will be inspected by an
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
4
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
4. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the firs t point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
5. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparat us weighing at
least 75,000 pounds.
5. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
5
height shall have at least two means of fire apparatus access for
each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000
square feet that have a single approved fire apparatus acc ess road
when all building are equipped throughout with approved automatic
sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
6. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned
shall be approved by the fire code official.
d. D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the
aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
7. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
6
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150
feet shall be provided with width and turnaround provis ions in accordance
with Table D103.4. Requirements for Dead-end fire apparatus access roads.
8. Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual
operation by one person.
4. Gate components shall be maintained in an operable condition at
all times and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate
by fire department personnel for emergency access. Emergency
opening devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain
and padlock unless they are capable of being opened by means of
forcible entry tools or when a key box containing the keys to the
lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official.
8. Electric gate operators, where provided, shall be listed in
accordance with UL 325.
9. Gates, intended for automatic operation shall be designed,
constructed and installed to comply with requirements of ASTM F
2200.
9. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
7
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Any new site development must comply with the City’s landscape and buffer
ordinance requirements.
2. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half (½) the full width requirement
but in no case less than nine (9) feet or six (6) feet nine (9) inches in
designated mature areas. The property is located in the City’s designated
mature area. A twenty-five (25%) percent reduction of the buffer requirements
is acceptable. The average depth of the lot is approximately 400 linear feet.
A minimum of eighteen (18) foot street buffer is required between the property
line and the proposed concrete.
3. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
4. Existing vehicular use areas may continue as nonconforming until such time
as a building permit is granted to enlarge or reconstruct a structure on the
property exceeding (10) percent of the existing gross floor area. At such time
ten (10) percent of the existing vehicular use area sha ll be brought into
compliance with the landscape ordinance and shall continue to full
compliance on a graduated scale. Verify existing building and addition square
footage.
5. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property, or the right-of-way of any street. This strip shall
be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall
be planted for every thirty (30) linear feet of perimeter planting strip. Perimeter
plantings are to be provided from the property line adjacent to the street
right-of-way up to the front building line in industrial properties.
6. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
8
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region
Metro route.
Planning Division: No comment.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
The owner’s representative was present representing the request. Staff
presented an overview of the item stating there were few outstanding technical
issues in need of addressing related to the site plan. Staff questioned the
proposed use of the new construction. Staff also questioned the proposed
placement and use of the new drive indicated on East 22 nd Street. Staff stated
the square footage noted on the plan a nd in the general notes did not match and
requested the applicant provide the corrected label and square footage of the
building.
Public Works comments were addressed. Staff stated East 22nd Street was to be
improved across the property frontage. Staff stated the new back of curb should
be located 15.5-feet from the centerline of East 22nd Street. Staff stated the
City’s Stormwater Detention Ordinance would apply to the development of the
property. Staff requested the location of the stormwater detent ion facility to be
indicated on the plan.
Landscaping comments were addressed. Staff stated a street buffer of six (6)
percent of the average depth of the lot was required. Staff stated the minimum
dimension was to be one-half (1/2) of the full width requirement. Staff stated
screening of the vehicular use area was required. Staff noted shrubs and trees
were required within the landscape area.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing some of the
technical issues associated with the request raised at the March 14, 2018,
Subdivision Committee meeting. The applicant has increased the driveway width
and indicated the street widening. The request does not include the placement
of curb, gutter or sidewalk along the property frontage.
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
9
The request is for Subdivision/Multiple Building Site Plan Review as per Section
31-13 of the Little Rock Code of Ordinances. The site currently contains a single
building and the applicant is proposing to construct a second structure on the
site. The building is proposed east of the existing building and is proposed
65-feet by 180-feet containing 12,600 square feet.
The Subdivision/Multiple Building Site Plan Review as per Section 31-13 of the
Little Rock Code of Ordinances states Subdivision Site Plan Review is a
development review process that provides for case by case consideration of
project particulars including the provision of parking and landscaping in
accordance with the appropriate ordinances, siting of buildings, and the
relationships with adjoining properties. The development as proposed complies
with setbacks per the existing I-2, Light Industrial Zoning District. The applicant
is seeking a variance to allow the street buffer to not be installed. Street buffers
are required at six (6) percent of the average depth of the property no less than
nine (9) feet in width with a maximum width of 50-feet, except within the
Designated Mature Area of the City (east of University Avenue) which allows for
the buffer to be reduced to six (6) feet nine (9) inches. Perimeter landscaping on
industrially zoned site is required within the front building setback or the first
50-feet of the site.
The approval of the elimination of the street buffer and paved area screening will
require approval by the Planning Commission and the City Beautiful
Commission. The Commission is reviewing the removal of the street buffer
requirement. The City Beautiful Commission is reviewing the elimination of the
screening requirement of the paved areas.
The request includes a variance to allow the driveway width to exceed the typical
driveway width, the distance from property line and the distance for other drives.
The ordinance states the width of driveway must not exceed 36-feet. Driveway
spacing on commercial streets is 125-feet from the side property line and
250-feet from other driveways or street intersections. The driveway as proposed
is indicated with a width of 91-feet and a depth of 46-feet. Staff is supportive of
the driveway width due to this street being a low volume dead end street. The
additional width of the driveway allows for truck maneuverability on the site.
However, staff feels the depth of the loading area should be increased to a
minimum of 60-feet to ensure the front of the 18-wheeler is not sticking out into
the street. Staff recommends the applicant reduce the size of the proposed
addition or move the building placement back an additional 14-feet to allow for
the additional driveway depth.
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
10
Ordinance No. 20,839 adopted by the Little Rock Board of Directors on
February 11, 2014, modified Section 31-13(f) of the Little Rock Code to limit
the term of approval of a site plan to a maximum of three (3) years from the date
of approval. If an approved multi-phase development, has not been completed
within three (3) years of the date of approval the site plan must be reviewed and
reapproved by the Commission in the same manner as the initial site plan review.
Staff is supportive of the applicant’s request. The applicant is seeking approval
to allow the placement of a second structure on this industrially zoned site. The
building as proposed complies with the typical setbacks per the zoning district.
There are variances associated with the request to allow the elimination of the
street buffer requirement and allow the drive to exceed the typical ordinance
standards. Staff does not feel these variances will significantly impact this
development or the general area.
J.STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends approval of the variance request from Sections 30-43 and
31-210 to allow the drive less than 125-feet from the side property line and
250-feet from other driveways or street intersections and to allow the driveway
width to exceed 36-feet.
Staff recommends approval of the variance request from Section 36-522 to allow
the elimination of the street buffer requirement.
Staff recommends the applicant reduce the size of the proposed addition or
move the building placement back an additional 14-feet to allow for the additional
driveway depth necessary to ensure the front of the semi-trucks are not sticking
out into the street.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation of approval of the variance
request from Sections 30-43 and 31-210 to allow the drive less than 125-feet from the
side property line and 250-feet from other driveways or street intersections and to allow
the driveway width to exceed 36-feet. Staff presented a recommendation of approval of
April 5, 2018
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1810
11
the variance request from Section 36-522 to allow the elimination of the street buffer
requirement. Staff stated the applicant had addressed their concerns related to the
length of the driveway and had increased the length of the driveway to 56 -feet. There
was no further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 3 FILE NO.: Z-1870-B
NAME: Kingridge Enterprises Revised Short-form PD-C
LOCATION: Located at 2501 South Broadway Street
DEVELOPER:
Kingridge Enterprises, Inc.
P.O. Box 166064
Little Rock, AR 72216
OWNER/AUTHORIZED AGENT:
Kingridge Enterprises, Inc., Mark Jackson – Owner/Agent
SURVEYOR/ENGINEER:
Cunningham Surveying, LLC
2105 Lorance Drive
Little Rock, AR 72206
AREA: 6,969 square feet NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 8 – Central City CENSUS TRACT: 5
CURRENT ZONING: POD
ALLOWED USES: O-1, Quiet Office District uses
PROPOSED ZONING: PD-C
PROPOSED USE: Add barber/beauty salon as an allowable use
VARIANCE/WAIVERS: None requested.
The applicant failed to respond to comments raised at the March 14, 2018, Subdivision
Committee meeting. Staff recommends deferral of this item to the May 17, 2018,
public hearing.
April 5, 2018
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: Z-1870-B
2
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to respond to comments raised at the
March 14, 2018, Subdivision Committee meeting. Staff presented a recommendation of
deferral of this item to the May 17, 2018, public hearing. There was no further
discussion. The item was placed on the consent agenda and approved as
recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 4 FILE NO.: Z-4324-A
NAME: Ace General Contractors Long-form PID
LOCATION: Located at 11201 Stagecoach Road
DEVELOPER:
Ace General Contractors, Inc.
12 Sienna Lake Cove
Little Rock, AR 72210
OWNER/AUTHORIZED AGENT:
Ace General Contractors, Khadan M. Bhatti - Owner/Agent
SURVEYOR/ENGINEER:
Ben Kittler
812 Providence Drive
Bryant, AR 72022
AREA: 5.57-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.20
CURRENT ZONING: I-2, Light Industrial District
ALLOWED USES: Light Industrial
PROPOSED ZONING: PID
PROPOSED USE: C-3, General Commercial District and I-2, Light Industrial District uses
VARIANCE/WAIVERS: None requested.
The applicant failed to respond to comments raised at the March 14, 2018, Subdivision
Committee meeting. Staff recommends deferral of this item to the May 17, 201 8,
public hearing.
April 5, 2018
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-4324-A
2
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was not present. There were no registered objectors present. Staff
presented the item stating the applicant had failed to respond to comments raised at the
March 14, 2018, Subdivision Committee meeting. Staff presented a recommendation of
deferral of this item to the May 17, 2018, public hearing. There was no further
discussion. The item was placed on the consent agenda and approved as
recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 5 FILE NO.: Z-5718-C
NAME: West Tree Service Revised Long-form PD-I
LOCATION: Located at 6300 Forbing Road
DEVELOPER:
West Tree Service
6300 Forbing Road
Little Rock, AR 72209
OWNER/AUTHORIZED AGENT:
West Tree Service, Johnnie Wells - Owner
White-Daters and Associates - Agent
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahlign Circle
Little Rock, AR 72223
AREA: 8.86-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 2 PLANNING DISTRICT: 13 – 65th Street East CENSUS TRACT: 20.02
CURRENT ZONING: PD-I
ALLOWED USES: Tree Service Business
PROPOSED ZONING: Revised PD-I
PROPOSED USE: Expansion of graveled parking area and add additional buildings
VARIANCE/WAIVERS: None requested.
BACKGROUND:
On August 24, 1993, the Planning Commission approved the West Tree Service –
Long-form PD-I for the property at 6300 Forbing Road. On September 21, 1993, the
Board of Directors passed Ordinance No. 16,494 approving the Planned Development.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
2
Ordinance No. 18,074 adopted by the Little Rock Board of Directors on August 3, 1999
established the West Tree Service Revised Long-form PD-I. The approved revision to
the site plan included a 2,720 square foot office building, a 4,000 square foot shop with
a 5,200 square foot canopy and a small portable building. The approved site plan
included areas of asphalt parking. The applicant proposed to revise the site plan by
adding a small amount of asphalt parking area on the west side of the shop building and
a larger area of gravel parking on the north side of the shop building. The gravel area
would be used for equipment storage. The applicant also proposed to extend the
existing six (6) foot screening fence along the east property line northward to the exiting
tree line. This would aid in screening the gravel equipment storage area from the
residences to the east. The proposed improvements (asphalt and gravel parking an d
fence extension) were in place on the property at the time of the request.
The previously approved site plan showed an area for on -site stormwater detention
along the east property line, near the end of Myerson Drive. The applicant proposed to
move the on-site stormwater detention area to along the west property line and Public
Works was in support of the request.
The applicant also requested a 15-percent in-lieu payment for all required street
improvements and a variance from the ordinance requi red minimum driveway setbacks
and spacing for the three existing drives on the site. This request was approved by the
Commission at their July 8, 1999 Public Hearing.
Ordinance No. 19,194 adopted by the Little Rock Board of Directors on October 5,
2004, allowed the applicant to modify the previous approved site plan by adding
one (1) 30-foot by 40-foot metal/wood storage building that was to be used for
equipment storage. The building was to be placed to the north side of an existing
Supervisors Building. In addition, the approval allowed the owner to add two (2) metal
buildings that were to attach to the existing maintenance shop. One (1) of which was to
be a 40-foot by 40-foot building, attaching to the west side of the existing building, and
to be used for parts storage. The other was a 30 -foot by 30-foot building that was to
attach to the north side of the existing maintenance shop and located toward the west
end. This building was to be used to store miscellaneous items. The applicant also
proposed to enclose the area on the east side of the maintenance shop which was
covered by a 70-foot by 75-foot canopy. The enclosure would be accomplished by
constructing two (2) 30-foot by 40-foot metal buildings that would serve as large bays
for truck maintenance.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to amend the previously approved PD-I, Planned
Development Industrial, to allow the existing northern fence to be moved further
north and allow the existing graveled parking to be expanded to the north. The
applicant is proposing to maintain the previously approved building locations.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
3
The applicant also states all conditions of the existing Planned Development will
remain as a part of the current request and approval.
B. EXISTING CONDITIONS:
The site contains several metal buildings all used by West Tree Service. There
is a large area located to the north of the site that is currently undeveloped under
the West Tree Service ownership. The area to the east o f the site contains a
large industrial user. The area to the north is also large scale industrial users.
Along the eastern boundary of the site is a mix of residential and non -residential
uses with a single-family neighborhood located near the rear build ing developed
for truck storage and repair. Across Forbing Road there is a school and a mix of
commercial and industrial uses.
C. NEIGHBORHOOD COMMENTS:
The Wakefield Neighborhood Association, Southwest Little Rock United for
Progress and all property owners located within 200-feet of the site were notified
of the public hearing. There is no contact information for the Geyer Springs
Neighborhood Association listed in the City of Little Rock’s neighborhood
contact listing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit
from the Arkansas Department of Environmental Quality prior to the start of
construction.
2. Forbing Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45-feet from centerline will be required.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
4. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
5. Stormwater detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the plan. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or land owner.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
4
6. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site. Retain
existing easements. Contact Little Rock Water Reclamation Authority for
additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. There is an existing
overhead power line extending along the east side of this property which
currently provides service to the existing structures. It doe s not appear to be in
the way of future building additions or parking lot expansion. Contact Entergy in
advance to discuss electrical service requirements, or adjustments to existing
facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Appro val of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
3. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
4. Contact Central Arkansas Water regarding the size and location of the water
meter.
5. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
5
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
6. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required .
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
5. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
6
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Any new site development must comply with the City’s landscape and buffer
ordinance requirements.
2. Existing vehicular use areas may continue as nonconforming until such time
as a building permit is granted to enlarge or reconstruct a structure on the
property exceeding (10) percent of the existing gross floor area. At such time
ten (10) percent of the existing vehicular use area shall be brought into
compliance with the landscape ordinance and shall continue to full
compliance on a graduated scale. Verify existing building and addition square
footage.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. Transportation/Planning:
Rock Region Metro: The site is located on Rock Region Metro Route #17,
Mabelvale-Downtown.
Planning Division: This request is located in 65th Street East Planning District.
The Land Use Plan shows Industrial (I) for this property. The industrial category
encompasses a wide variety of manufacturing, warehousing research and
development, processing, and industry related office and service activities.
Industrial development typically occurs on an individual tract basis rather than
according to an overall development plan. The applicant has applied for a
revision to an existing PID (Planned Industrial Development) to allow additional
buildings, building additions and additional graveled truck/equipment parking on
the site.
Master Street Plan: The south side of the property is Forbing Road and it is
shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
short distance travel within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Forbing Road
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
7
since it is a Minor Arterial. This street may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Forbing Road. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
Mr. Tim Daters of White-Daters and Associates was present representing the
request. Staff presented an overview of the item stating th ere were few
outstanding technical issues in need of addressing related to the site plan. Staff
questioned the days and hours of operation. Staff also requested Mr. Daters
include the maximum building height in the general notes section of the site plan.
Public Works comments were addressed. Staff stated right of way dedication
along Forbing Road to 45-feet from centerline was required. Staff stated any
broken curb, gutter or sideway located within the right of way was to be repaired
or replace prior to the issuance of a certificate of occupancy for the development.
Landscaping comments were addressed. Staff stated any new development was
to comply with the City’s landscape and buffer ordinance requirements.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for f inal action.
I. ANALYSIS:
The applicant submitted a revised site plan and cover letter to staff addressing
most of the technical issues associated with the request raised at the March 14,
2018, subdivision Committee meeting. The applicant has indicated the maximum
building height for the new construction and indicated the days and hours of
operation for the business.
The applicant is proposing to amend the previously approved PD -I, Planned
Development Industrial, to allow the existing northern fence to be moved further
north and allow the existing graveled parking to be expanded to the north. The
applicant is proposing to maintain the previously approved building locations.
The applicant also states all conditions of the existing Planned Devel opment will
remain as a part of the current request and approval.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
8
The site plan indicates the placement of a 30 -foot by 40-foot addition to the
existing one-story metal office building located on the southeastern portion of the
site. Located on the site just north of the office building is a metal building which
is used as a maintenance shop. The plan indicates an existing covered open
area will be enclosed for an additional truck maintenance bay. There is a
covered canopy 60-feet by 40-feet located along the east side of the building.
Along the west side of this building is a proposed 55-foot by 40-foot addition
which is proposed as storage. Along the rear of this building, the north side, a
30-foot by 30-foot addition is proposed. The area is proposed for miscellaneous
storage. Located along the northern portion of the site is an existing
building pad. The area is proposed with a 92-foot by 32-foot repair shop and
storage building.
The graveled truck and equipment parking area has been expanded to the north
of the existing graveled parking area. The applicant notes these areas are not
accessible to the public and is requesting to maintain these areas as a graveled
surface.
The area to the east of this site is zoned and used as single -family residential
homes The zoning ordinance typically requires the placement of screening in
areas adjacent to zoned or used single-family residential. The screening can be
accomplished via a fence, wall or dense evergreen plantings. The screening
material must be a minimum height of six (6) feet. The site plan does not
indicate the placement of screening along this perimeter.
Staff is supportive of the applicant’s request. The applicant is seeking approval
of a revision to an existing PD-I, Planned Development Industrial, to allow for an
expansion of the graveled truck parking area. The building additions are
indicated as previously approved and the applicant is requesting to maintain the
building addition areas on the current site plan. To staff’s knowledge there are
no remaining outstanding technical issues associated with the request. Staff
does not feel the revision to allow the additional parking area for the trucks and
equipment will have a significant impact on this site or the area.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends the applicant provide the required screening along the eastern
perimeter of the site where adjacent to residentially zoned or used property.
April 5, 2018
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-5718-C
9
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff presented a recommendation the applicant provide the
required screening along the eastern perimeter of the site where adjacent to
residentially zoned or used property. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff by a vote of
10 ayes, 0 noes, 0 absent and 1 recusal (Com missioner Keith Cox).
April 5, 2018
ITEM NO.: 6 FILE NO.: Z-8503-E
NAME: The Pointe at Brodie Creek Phase II Long-form PRD
LOCATION: Located in the 3100 – 3300 Block of South Bowman Road, between
Brodie Creek and the Pointe at Brodie Creek Apartments
DEVELOPER:
Richardson Properties
9800 Maumelle Boulevard
Maumelle, AR 72113
OWNER/AUTHORIZED AGENT:
Richard Properties LLC, Keith Richardson – Owner/Agent
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 73.9-acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
WARD: 6 PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PRD
PROPOSED USE: Mixed use residential and O-1, Quiet Office District uses
VARIANCE/WAIVERS: A variance from the Land Alteration Ordinance to allow grading
of future phases of the multi-family development with the development of the first phase.
BACKGROUND:
On October 8, 2015, the Planning Commission denied a request to rezone 23 -acres of
an overall larger tract from R-2, Single-family to Planned Development Residential to
allow construction of 400+ units of multi-family housing. The developer had indicated
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
2
an overall development plan including boundary street improvements to South Bowman
Road and a commitment to develop the northern portion of the property as single-family.
The rezoning request did not include the entire 70+ acres and there were no measures
for staff to enforce the developer’s proposal.
On September 20, 2016, the Little Rock Board of Directors denied a request to allow the
rezoning of a site containing 73.95-acres from R-2, Single-family to PD-R, Planned
Development Residential, to allow for an overall development plan of the entire
acreage. The proposal included the entire tract the developer was proposing to
purchase (he has since purchased the property). The plan indicated the northern
portion of the site with single-family detached homes. This area contained 27.25-acres.
The multi-family development was proposed on 23.45 -aces developed with 408 units.
The floodway and open space was proposed containing 11.75 -acres. An area along
South Bowman Road was proposed with O -1, Quiet Office District uses. The site area
contained 11.50-acres.
The Commission reviewed this request at their November 19, 2015, Public Hearing.
The Commission voted 7 ayes, 4 noes and 0 absent to recommend approval of
the application.
The item was on the Board of Directors agenda for consideration at their March 1, 2016,
Public Hearing. During the discussion the applicant offered three (3) amendments to
the application which the Board of Directors determined were significant modification
and requested the item be returned to the Commission for review and consideration of
the three (3) amendments. The item was placed on the Commission’s May 19, 2016,
agenda. The applicant provided staff their intent for the three (3) amendments. They
are as follows:
1. Contribute $100,000 towards the construction of a traffic signal or roundabout
at the intersection of Brodie Creek Trail and Bowman Road. This would be
available for a period of five (5) years from approval of the PRD.
2. Provide a 50 foot wide buffer along the northern boundary of the PRD. No
trees would be removed from the buffer, but additional plant materials may be
added as part of an approved Landscape Plan.
3. That portion of the PRD marked “Proposed Residential” would be developed
as single family residential, with lots widths and home sizes similar to those in
either the Brodie Creek and/or Woodlands Edge developments.
Staff did not support the applicant’s proposal for Condition #1 as stated. Staff noted the
contribution did not cover the cost of a round-about or the installation of a traffic signal.
The applicant later amended their proposal for Condition #1. Conditions 2 and 3
remained the same.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
3
1. Construct a single lane roundabout including landscape and restoration of
landscape within the right-of-way provided or when warranted, and within five
years of approval of the PRD, the developer would pay the City of Little Rock
for the cost of constructing, or construct, a traffic signal. The constructed
signal improvements consists of necessary poles, foundations, mast arms,
signal heads, pedestrian poles and heads for pedestrians crossings as
needed, conduits, wiring, cabinet, controller, radio, video equipment, electrical
service connection and all incidental work related there to.
During the Commission hearing the Commission requested the time frame
Mr. Richardson was willing to fund the round-about or to provide the funds for a traffic
signal. Mr. Richardson committed to funding the improvements to South Bowman Road
including the round-about or a traffic signal when the need was meet as determined by
the City with the various phases of the proposed apartment development or if the need
for the improvements were not met by the final phase of the apartment development
then the developer would place the cost of the improvements with the City in the form of
an in-lieu payment and allow the funds to remain with the City for a period of
five (5) years from the date of completion of the final phase of the apartment
development. The Commission voted to approve the request by a vote of 7 ayes,
4 noes and 0 absent.
Section 36-83 states no identical or substantially identical application for the redistricting
of a specific parcel or parcels of land which has been denied by the Board of Directors
may be made for a period of one (1) year. As noted the Board of Directors denied the
request at their September 20, 2016, public hearing.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to rezone the site from R-2, Single-family to PRD,
Planned Development Residential, to allow the development of the site with a
mixed use development. The project includes 21.75 -acres of multi-family,
11.75-acres of floodway/buffer, 10.85-acres of mixed use, O-1, Quiet Office
District uses as allowable uses, and 29.60-acres of residential, non-multi-family.
B. EXISTING CONDITIONS:
The overall site contains 70+ acres located on the west side of South Bowman
Road. The entire site is heavily wooded and is occupied by one single -family
home. The area proposed for rezoning to Planned Development Residential is
located to the rear of this acreage and is not visible from South Bowman Road.
In this area there are 498 units constructed to the south of this site in the Pointe
at Brodie Creek. There are an additional 500 units approved located across
South Bowman Road of which 420 units have been permitted. Across from the
70-acre parcel is a nursing home and single-family homes located in the
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
4
Sandpiper Subdivision. North of the parcel are single-family homes located in
the Brodie Creek subdivision. South Bowman Road is an unimproved roadway
with open ditches for drainage.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the Brodie
Creek Property Owners Association, the John Barrow Neighborhood Association
and the Woodlands Edge Community Association were notified of the public
hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction. Is a variance
requested to advance grade future phases of construction with construction
of Phase 1?
2. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
Maintenance of the detention pond and a ll private drainage improvements is
the responsibility of the developer and/or property owner.
3. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
4. A special Grading Permit for Flood Hazard Areas will be required per
Section 8-283 prior to construction.
5. The minimum finish floor elevation of at least one (1) foot above the base
flood elevation for Buildings 6 and 7 should be shown on grading plans.
6. Floodway areas cannot be filled or developed. In accordance with Section
31-176, floodway areas must be shown as floodway easements or be
dedicated to the public. In addition, a 25-foot wide drainage and access
easement is required adjacent to the floodway boundary.
7. Alteration of the water course will require approval from the Little Rock
District of the US Army Corps of Engineers prior to start of work.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
5
8. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After
construction, an as-built certification is required for construction of the
retaining wall.
9. The owner and/or manager of each multi-family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow,
mglasgow@littlerock.gov or 501.371.4646 for more information. Show the
trash and recycling locations on the site plan.
10. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
11. Bowman Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45-feet from centerline will be required.
12. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to South
Bowman Road including 5-foot sidewalks with the planned development.
The new back of curb should be located 29.5-feet from centerline. A left
turn lane should be provided for all driveways.
13. Submit a Traffic Impact Study for the proposed project. Study should
address trip generation and trip distribution for the development and also
should take into account existing and projected traffic growth. Study should
include: 1) Roadway Level of Service Analysis for 2-lane sections of
Bowman Road. (existing and projected), and 2) Signal Warrants Analysis
for Bowman Road at Executive Center, Cherry Side and Brodie Creek.
14. If the north driveway will be used for more than a secondary emergency
access now or in the future, provide a letter prepared by a registered
engineer certifying the sight distance at the intersection(s) comply with
2004 AASHTO Green Book standards.
15. If the north driveway will be used for more than a secondary emergency
access the driveway should be paved with asphalt, curb and gutter.
16. If the north driveway will be used for more than an emergency access,
driveway locations do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Driveway spacing on arterial
streets is 300-feet from intersections and other driveways and 150-feet from
the property line. A variance is required to be obtained for the proposed
driveway location.
17. South Trail Drive is indicated on the Mas ter Street Plan as a collector street
extending through the open space area. Dedication of right of way and
street improvements should be considered for this future street.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
6
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project. Capacity fee
calculation required. Contact Little Rock Water Reclamation Authority for
additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at the location of the proposed
construction. There is an existing three phase, overhead power line on the east
side Bowman Road adjacent to this property. Contact Entergy in advance to
discuss electrical service requirements, or adjustments to existing facilities (if
any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
3. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
4. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s materials
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
5. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the do mestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
7
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
6. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required.
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1
Section D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access
and loading. Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an
approved fire apparatus access road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds.
5. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in
accordance with Table D103.4. Requirements for Dead -end fire apparatus
access roads.
6. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
height shall have at least two means of fire apparatus access for
each structure.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
8
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000
square feet that have a single approved fire apparatus access road
when all building are equipped throughout with approved automat ic
sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
7. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned
shall be approved by the fire code official.
d. D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus a ccess road or between the
aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
8. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in
April 5, 2018
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ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
9
accordance with Table D103.4. Requirements for Dead -end fire apparatus
access roads.
9. Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual
operation by one person.
4. Gate components shall be maintained in an operable condition at
all times and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate
by fire department personnel for emergency access. Emergency
opening devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain
and padlock unless they are capable of being opened by means of
forcible entry tools or when a key box containing the keys to the
lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official
8. Electric gate operators, where provided, shall be listed in
accordance with UL 325.
9. Gates, intended for automatic operation shall be designed,
constructed and installed to comply with requirements of ASTM F
2200.
10. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rh odes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
April 5, 2018
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ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
10
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). For developments with more than one hundred fifty (150) parking
spaces the minimum size of an interior landscape area shall be three hundred
(300) square feet. Interior islands must be a minimum of seven and one half
(7 1/2) feet in width. Trees shall be included in the interior landscape areas at
the rate of one (1) tree for every twelve (12) parking spaces.
3. An automatic irrigation system to water landscaped areas shall be required
for developments of one (1) acre or larger.
4. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
5. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
route.
Planning Division: This request is located in Ellis Mountain East Planning
District. The Land Use Plan shows Residential Lo w Density (RL) and Residential
Medium Density (RM) for this property. The Residential Low Density is for
single-family homes at densities no greater than six (6) dwelling units per acre.
The Residential Medium Density category accommodates a broad range o f
housing types including single family attached, single family detached, duplex,
townhomes, multi-family and patio or garden homes. Any combination of these
and possibly other housing types may fall in this category provided that the
density is between six (6) and twelve (12) dwelling units per acre. The applicant
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
11
has applied for a rezoning from R-2 (Single Family District) to PDR (Planned
Development Residential) to allow multi-family residential, non-multi-family and
office.
Master Street Plan: The east side of the property is South Bowman Road and it
is shown as a Minor Arterial on the Master Street Plan . West of the property is
Trail Drive and it is shown as a proposed Collector on the Master Street Plan. A
Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects o n traffic and
pedestrians on South Bowman Road since it is a Minor Arterial. The primary
function of a Collector Road is to provide a connection from Local Streets to
Arterials These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Bowman Road. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
Mr. Tim Daters of White-Daters and Associates was present representing the
technical aspects of the proposed development. Mr. Keith Richardson, the
owner and developer, was also in attendance. Staff requested additional
information concerning the proposed development. Staff questioned the
proposed signage plan, the dimension from property lines for the proposed
building placement and the location of any proposed dumpsters. Staff also
requested the applicant provide the maximum building height for the structures in
the general notes section of the site plan.
Public Works comments were addressed. Staff questioned if there were any
improvements to South Bowman Road being proposed. Staff stated floodway
areas were to be indicated as floodway easements or be dedicated to the City.
Staff requested the applicant provide the loc ation of any proposed stormwater
detention facilities on the site plan. Staff requested the applicant provide an
updated traffic impact study for the proposed development.
Landscaping comments were addressed. Staff stated an automatic irrigation
system was required on sites in excess of one (1) acres. Staff stated a
landscape plan stamped with the seal of a registered landscape architect was
required at the time of building permit. Staff stated all paved areas were to be
landscaped per the City’s landscape and buffer ordinance requirements.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
12
any questions or concerns. There were no more is sues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request raised at th e March 14, 2018,
Subdivision Committee meeting. The applicant has provided the proposed
building elevations, the construction materials, location and material of any
proposed fencing and the location of any proposed signage. The applicant has
also provided the proposed phasing plan and indicated the multi-family portion of
the development would not be subdivided into separate lots.
The project is approximately 70-acres located on the west side of South of
Bowman Road between the Brodie Creek Subdivision and the Pointe at Brodie
Creek apartments. The request is a rezoning of this site from R -2, Single-family
to Planned Development Residential to allow the approval of the zoning and a
site plan for 408 units of multi-family housing, future development of age
restricted residential or single-family and O-1, Quiet Office District.
The multi-family portion of the development is an addition to the existing
498 units located to the south of this site. The acreage of the multi -family is
23.45-acres. This development is proposed containing 408 units. There is an
emergency access along this property’s southern boundary to allow emergency
access only to the developments. All resident ingress and egress is from the
existing drive serving the Pointe at Brodie Creek apartments.
An area along the northern perimeter is indicated on the site plan for future
development of single-family or age restricted housing. The area of this portion
of the site contains 27.25-acres. The development of this area has not be en
determined. If and when development occurs the applicant will seek approval of
a revision to the site plan via a revision to the Planned Development Residential,
PD-R, zoning.
The future non-residential portion of the site contains 11.50 -acres. The applicant
has indicated this area will develop with uses as allowed within the O -1, Quiet
Office Zoning District. In addition to O-1, Quite Office District, the applicant is
requesting the allowance of a nursing home or convalescent home or attached
residential homes at a density not to exceed six (6) units per acre.
Within the 70+ acre tract the proposal includes maintaining 11.75 -acres which is
located within the floodway or has been designated as open space. These buffer
areas are along the northern, eastern and western perimeters of the proposed
multi-family development area. The minimum width of the open space buffer will
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
13
be 50-feet. Within the buffer areas recreational use by the adjacent residents will
be allowed. Construction of walks, walking paths, parks and playgrounds will be
allowed. Utilities will be allowed to cross the open space buffers provided the
utilities are placed in a manner so as to minimize the disturbance to existing
vegetation and work necessary to maintain underground u tilities. Any work
authorized by the City for any necessary maintenance related to stormwater
drainage will be allowed. Should it become necessary in the future to provide
access across these areas the applicant will work with the City and FEMA to
determine the best access with the least disturbance.
The development is proposed with materials similar to the existing apartments.
The building materials will include brick, stone, drivit and/or siding. The roof will
be asphalt architectural shingles. The building is proposed with a maximum
building height of 45-feet. The buildings are proposed as three (3) story
buildings.
The site plan indicates the placement of dumpsters in various locations
throughout the site. The dumpsters will be screened per the typical ordinance
requirement or a minimum of two (2) feet above the height of the trash container.
Recycling will also be provided for the development. Recycling containers will
also be screened per the minimum ordinance standard. The hours of dumpster
service have been limited to 7 am to 6 pm Monday through Friday.
The site plan notes fencing will be placed along the multi -family site’s, northern,
eastern and western perimeter. The site plan notes an 8 -foot tall vinyl fence will
be installed on the north and eastern perimeter to match the existing fencing
installed within the currently developed apartment property.
The applicant has indicated no new signage is proposed for this development.
The development does not have street frontage a nd the placement of signage
would be of no benefit to the development. All ingress and egress to the site is
from the existing drive entrance which has signage within an entrance feature
along South Bowman Road.
The development is proposed in four (4) phases. Phase I includes the
construction of five (5) buildings and a pool and pool house. Phase II includes
the construction of two (2) additional buildings, Phase III will include the
construction of six (6) buildings and in the final phase four (4) build ings will be
constructed. The development contains 17 buildings with 24 units per building.
Within the development there are 190 units with one (1) bedroom, 170 units with
two (2) bedrooms and 48 units have three (3) bedrooms.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
14
The development is proposed with 890 parking spaces. The plan indicates
102 garage spaces, 198 carport spaces and 590 uncovered spaces. Parking for
a multi-family development is based on one and one-half ( 1 ½) parking spaces
per unit. Based on this calculation 612 parking spa ces would typically be
required to serve a development containing 408 units.
The request includes a variance from the City’s Land Alteration ordinance to
allow grading of the entire site with the development of the first phase. The
applicant has stated the grading is necessary to allow the site to balance with
regard to cuts and fill. The applicant has stated the grading will not be visible
from South Bowman Road and any visual impact of the clearing will only be seen
from within the existing and the proposed new development area. The tract
adjacent to South Bowman Road will not be cleared or graded until the area is a
part of a development plan where construction is imminent.
The Land Use Plan shows approximately 57.5 -acres of Residential Medium
Density (RM) on the west side of South Bowman Road and 6.75-acres on the
east side of South Bowman Road, north of West 36th Street. There is an area of
Residential High Density (RH) approximately 39-acres, along the west side of
Bowman Road, north of Colonel Glenn Road. There are developed and
undeveloped Residential Medium Density (RM) areas on both the west and east
sides of South Bowman Road, north of West 36th Street and south of Olds Lane.
The area adds up to approximately 64.5 -acres. Currently, there are 498 units on
the west side of South Bowman Road developed within the Residential Medium
Density (RM), zoned Planned Residential Development, PRD, and some of the
Residential Medium (RM) on the east side is developed with a rehabilitation
center, zoned Planned Office Development, POD. There are currently 500 units
of multi-family approved on the east side of South Bowman Road of which
420 units have been permitted. This area is indicated as Mixed Use (MX) on the
City’s Future Land Use Plan.
Street improvements to South Bowman Road will be completed as the property
with the frontage along South Bowman Road is developed. Most of South
Bowman Road remains a two (2) lane road with open ditches for drainage from
Kanis Road to Colonel Glenn Road. Limite d improvements have been installed
adjacent to property which has redeveloped along the stretch. Street
improvements have been installed adjacent to the three (3) multi-family
developments located in this area per the Boundary Street Ordinance. The
improvements to South Bowman Road for the developments in close proximity to
West 36th Street are not to full Master Street Plan requirements.
As of this writing staff is continuing to review the proposed request and the
potential impact of the development on the abutting streets and neighborhoods.
The applicant has not provided the updated traffic study for review. Upon
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
15
completion of staff’s review a staff recommendation will be provided at the
Commission’s Public Hearing.
J. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were a number of registered objectors present. Staff
presented the item with a recommendation of denial.
Mr. Grant Cox addressed the Commission on behalf of the applicant stating he would
yield his time to address comments and concerns raised by the opposition.
Mr. Dan Veach addressed the Commission in opposition of the request. He stated the
Board of the Woodlands Edge Property Owners Association had previously supported
the request but were now opposed to the development. He stated the previous
proposal allowed for buffers and street improvements which were no longer on the
table. He stated there were a number of apartments in the area. He requested the
Commission maintain the area as single-family residential.
Mr. Bill Raush addressed the Commission in opposition. He stated when looking at the
maps of the area there were a number of apartment developments. He stated the most
densely developed areas of Little Rock did not include the number of units proposed for
South Bowman Road. He stated he was concerned with the safety of the residents in
the area. He stated South Bowman Road was a narrow two (2) lane road with open
ditches for drainage. He stated it was difficult to leave the neighborhood in the morning
and the traffic was only continuing to get worse.
Mr. Alan Weintraub addressed the Commission in opposition of the request. He stated
he had lived in Woodlands Edge for seven (7) years. He stated the neighborhood was
an award winning area. He stated there were 650 homes with two (2) entrances and
exits. He stated the developer clear cut the site the current apartments were being
developed and now the residents could hear the traffic noise from I-430. He stated
there were a number of apartments in the general area along Kanis Road, South
Bowman Road and Chenal Parkway. He stated there were 196 units in the Landmark
Development located on Cooper Orbit Road which also added to traffic in the area. He
stated Mr. Richardson had indicated the single-family would allow a buffer to the
adjacent homes in Brodie Creek and Woodlands Edge. He stated the buffer was no
longer included in his proposal. He requested the Commission deny the request.
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
16
Ms. Lace Covington addressed the Commission in opposition of the request. She
stated when she and her husband purchased their home they checked the zoning and
land use plan in the area. She stated if this development we re approved it would be the
fourth change in 12 years. She stated 1,250 units had been approved and now an
additional 408 units were proposed. She stated there were 725 homes in Woodlands
Edge and Brodie Creek. She stated within one (1) square mile there were
1,658 apartment units. She stated traffic was a concern. She stated the improvements
to Kanis and Bowman were not installed and there was not a time frame for completion
of the improvements. She stated the neighborhood was not opposed to developme nt.
They only requested the development be smart development. She stated it was
important to allow a mix of housing types were necessary to maintain the character of
the neighborhood. She stated the neighborhood was willing to consider condo
development or age restricted housing.
Mr. Chris Bryan addressed the Commission in opposition of the request. He stated his
concern was traffic. He stated with the construction on Kanis and South Bowman Road
there were a number of cars cutting through the neighborhood. He stated the City staff
had come out and marked pedestrian crossings for safety.
Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of
the request. She stated the carrying capacity of South Bowman Road was an issue .
She stated successful neighborhoods included a balanced ratio between single -family,
multi-family, office and commercial uses.
Mr. Chris George addressed the Commission in opposition of the request. He stated
the current request was a step back from the previous proposal. He stated the current
request was of no benefit to anyone but Mr. Richardson. He stated he did not want his
neighborhood surrounded by apartments.
Mr. Doug Stewart addressed the Commission in opposition of the request. He stated he
was Vice President of the Woodlands Edge Property Owners Association. He stated
the Board had voted to not support the request.
Mr. Clark Cogbill addressed the Commission in opposition of the request. He stated
there were a number of apartments on Kanis and South Bowman Road. He stated
some of the units had not been completed to determine the true impact on traffic and
the neighborhoods.
Ms. Jamie Shipley addressed the Commission in opposition of the request. She stated
there were 3,490 apartment within a three (3) mile radius of this area. She stated there
were no plans for improvements to South Bowman Road. She stated the traffic load on
South Bowman Road had only increased. She stated Woodlands Edge Property
Owners Association and the residents were opposed to the development. She stated
the residents would support quiet office, neighborhood commercial if developed with an
April 5, 2018
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8503-E
17
orderly comprehensive development plan. She stated the Future Land Use Plan had
not taken into account the developments which had occurred which were inconsistent
with the Land Use Plan. She stated home ownership was not completely non -existent
but was delayed by the younger generations. She stated the apartment vacancy rate
had increased in Little Rock by more tha n two (2) percent from 6.34 percent to
7 percent. She stated office vacancy rates had increased from 14 to 16 percent. She
stated the area should remain as single-family residential.
Mr. Steve Markham addressed the Commission in opposition of the req uest. He stated
the Board opposed the development based on density. He stated there was no balance
between the proposed development and the single-family homes.
Mr. Grant Cox addressed the Commission stating the developer wanted to develop
quality housing for future residents in the area. He stated the City had imposed a
one-year moratorium on multi-family development in this area to review the future land
use plan and after the study was complete there were no changes to the future land use
plan proposed. He stated the City also contracted a study by UALR which concluded
multi-family was not a detriment to neighborhoods. He stated the study also concluded
multi-family did not increase crime in areas.
There was a general discussion concerning the development, the proposed boundary
street improvements and staff’s previous position on the proposed development. Staff
stated they supported by previous proposal. Staff stated there had been no appreciable
change in the area since the Board denied the request which was a part of the
reasoning for staff’s change in their recommendation. Staff stated there were no
boundary street improvements proposed to the abutting streets with the development of
the multi-family portion of the plan. Staff stated unti l such time as the property adjacent
to the street was developed no improvements were proposed.
A motion was made to approve the request including all staff recommendations and
comments except that of denial. The motion failed by a vote of 0 ayes, 11 n oes and
0 absent.
April 5, 2018
ITEM NO.: 7 FILE NO.: Z-9303
NAME: Cigar Republic Short-form PCD
LOCATION: Located at 1315 Breckenridge Drive
DEVELOPER:
Joseph C. Miller
414 E Capitol #104
Little Rock, AR 72201
OWNER/AUTHORIZED AGENT:
Ronald C Boshears – Owner
Joseph C. Miller - Agent
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 1.28-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 4 PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.04
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General Retail
PROPOSED ZONING: PCD
PROPOSED USE: Add private club as an allowable use
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning of the site from C -3, General Commercial
District to PCD, Planned Commercial Development District, to add a private club
as an allowable use. The applicant is seeking to rezone the site to allow the
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
2
transitioning of the current restaurant use into a private club cigar lounge. The
applicant is proposing to apply to the State of Arkansas for a liquor license for a
private club to allow the sale of alcohol without a restaurant license and also to
allow the business to be excluded from any potential smoking bans the City may
choose to explore in the future. There are no exterior changes proposed to this
location that would affect the surrounding community. The hours of operation are
proposed from 10 am to midnight daily. There will be no loud music or bands.
B.EXISTING CONDITIONS:
This area is developed with a mixture of uses including commercial, office,
multi-family and single-family. The area to the east of the site is an apartment
complex located along Old Forge Drive. There are single-family homes located
north of this site within the Colony West Subdivision. There is a bank located
south of this site along North Rodney Parham Road and a service station located
to the southwest at the intersection of North Rodney Parham Road and
Breckenridge Drive. Breckenridge Drive is a commercial street complete with
curb, gutter and sidewalk.
C.NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the Treasure Hill
Property Owners Association and the Colony West Home Owners Association
were notified of the public hearing. There is no contact information for the
Sturbridge Property Owners Association listed in the City of Little Rock’s
neighborhood contact listing.
D.ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comment.
E.Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site.
Environmental Assessment Division, EAD, review required if food service on site.
Contact Little Rock Water Reclamation Authority for additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. Service is already
being provided to both structures on this property via overhead service lines.
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
3
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1.All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2.A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
3.The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s materials
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
4.Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
5.Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required.
Fire Department: No comment.
Parks and Recreation: No comment received.
County Planning: No comment.
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
4
F.Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner: Curtis
Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1.Any new site development must comply with the City’s landscape and buffer
ordinance requirements.
2.Any existing vehicular use area that does not meet current code requirements
may continue as nonconforming until such time a building permit is issued to
rehabilitate a structure on the property exceeding fifty (50) percent of the
current replacement cost of the structure. At such time fifty (50) percent of the
existing vehicular use area shall be brought into compliance with the
landscape ordinance requirements and shall continue to full compliance on a
graduated scale based upon the percentage of rehabilitation cost.
3.The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G.Transportation/Planning:
Rock Region Metro: The site is located near Rock Region Metro Route #8, the
Rodney Parham Route.
Planning Division: This request is located in Rodney Parham Planning District.
The Land Use Plan shows Commercial (C) for this property. The Commercial
category includes a broad range of retail and wholesale sales of products,
personal and professional services, and general business activities. Commercial
activities vary in type and scale, depending on the trade area that they serve.
The applicant has applied for rezoning from C-3 (General Commercial District) to
PCD (Planned Commercial Development) to allow for a private club.
Master Street Plan: East of the property is Breckenridge Drive and it shown as a
Collector on the Master Street Plan. The primary function of a Collector Road is
to provide a connection from Local Streets to Arterials. This street may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
5
Bicycle Plan: There is a Class III Bike Route shown on Breckenridge Drive.
These bike routes require no additional right-of-way, but either a sign
or pavement marking to identify and direct the route.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
The applicant was present representing the request. Staff requested the
applicant provide the location of any proposed dumpsters. Staff also questioned
if there were changes proposed to the signage. Staff questioned if there would
be any live entertainment within the patio area.
Landscaping comments were addressed. Staff stated any existing vehicular use
areas which did not comply with the current code were to be upgraded based on
the percentage of upgrades to the building, if the rehabilitation cost of the
building exceeded 50 percent of the replacement cost of the structure.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant submitted a revised cover letter to staff addressing most of the
technical issues associated with the request raised at the March 14, 2018,
Subdivision Committee meeting. The applicant has indicated there will not be
live entertainment on the patio. He has also indicated there will not be a change
to the approved signage plan and the hours of dumpster service will be limited to
7 am to 6 pm Monday through Friday.
The request is a rezoning of the site from C-3, General Commercial District to
PCD, Planned Commercial Development District, to convert the existing
restaurant into a private club, cigar lounge. Cigar Republic is proposing an
over-21 smoking establishment. Based on the revenue stream produced from
food service the applicant must seek from the State of Arkansas Alcohol
Beverage Control Commission a private club license.
The zoning ordinance defines a private club with dining or bar service as a group
of people associated or formally organized for a common purpose, interest or
pleasure. Facilities include dining or bar accommodations, none of which are
available except to members or their guests. The separation requirements for
private clubs is to be determined by the Planning Commission so as not to
adversely impact the neighborhood. Private club review shall consider the
following additional requirement: (a) A private club shall not be located within
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
6
seven hundred fifty (750) feet of the following: (1) A church or other religious
facility. (2) A sexually-oriented business as defined by Chapter 17 of the Code
of Ordinances. (3) A public or private elementary, secondary or postsecondary
school, a day care center o r any facility that operates programs for children or
youth. (4) Any single -family or multifamily residential use, except a hotel or
motel, or a residential use that is within a unified development that contains
both the private club and the residential us e.(b) For the purposes of subsection
(a) of this section, measurement shall be made in a straight line, without regard
to intervening structures or objects, from the nearest portion of a building or
structure proposed for occupancy as a private club to the nearest property line
of any use listed in subsection (a). There is a multi -family development located
immediately east of the site. There are single -family homes located to the north
and south of this site within 750 -feet.
The applicant is proposing to limit the approval of the private club to his sole
ownership. The applicant states if the lease is broken or the building is sold then
any future owner would be required to request approval of their use via a revision
to the approved PCD, Planned Commercial Development zoning. The approval
of a change in license for the private club would also be required from the State
Alcohol Beverage Control Commission.
The applicant has indicated there will be no exterior changes to the building and
the ambiance will be virtually unchanged. The applicant indicates there are five
(5) to six (6) employees. There will be no loud music playing inside or outside the
building due to the fact this is not the atmosphere for a successful cigar lounge.
The applicant notes there will not be live music events on the deck/patio.
The applicant notes the hours of operation are from 11 am to midnight
seven (7) days per week. He notes on weeknights with little customer
traffic the business may close earlier. He notes the request is not to allow a
5 am private club.
Although the business will no longer be a full service restaurant there will be
limited food service available. The kitchen will remain intact which would allow
the owner to provide food service. The applicant notes food service could also
be in the form of catered food or from a food truck service which would set -up in
the parking lot. All food truck operations will operate within the guidelines for
mobile canteen units established by the planning departmen t of the City.
The applicant notes the request for the private club license is to allow him to
control his environment. He states the most common complaint for a cigar bar is
the smoke infiltration into neighboring commercial tenants. He states with this
stand-alone building and private parking lot this will not be the case with
this establishment.
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
7
As of this writing staff is continuing to review the proposed request and the
potential impact of the request on the nearby neighborhoods. Staff
recommendation will be provided at the Commission’s Public Hearing.
J. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were registered objectors present. S taff presented
the item with a recommendation of approval.
Mr. Joe Miller, the applicant, addressed the Commission on the merits of his request.
He stated the request was for a cigar lounge only. He stated his business was a high
end retail use. He stated he desired to serve drinks with the cigars. He stated his
humidor would be 700 square feet. He stated with the use being a private club he could
more closely control and monitor the clientele. He stated the demographic age was
persons 35 to 60 years of age. He stated the business plan was not for loud music but
a more relaxed atmosphere. He stated the business would be a place for business men
and women to meet to entertain guest and clients. He stated the building was 47 years
old with a triple net lease. He stated there was little incentive for the property owner to
sell the building for at least two (2) more years. He stated he was willing to buy the
building and make a substantial investment into the property for his use. He stated the
only significant exterior changes would be painting the parking lot and cleaning the back
of the building. He stated he had five (5) to six (6) employees. He stated the
Breckenridge Neighborhood Association had indicated they were supportive of the
request. He stated he wanted to work with the neighborhood and be a good neighbor in
the community.
Mr. Jeremy Bowen addressed the Commission in support of the request. He stated he
lived in Colony West Subdivision and was in support of the cigar lounge. He stated the
area did not need any more vacancies. He stated the business would be a quiet
business and an asset to the neighborhood. He stated he felt the use should be
allowed.
Mr. Dickson Flake addressed the Commission in support of the request. He stated his
firm represented the current owner. He stated if Mr. Miller chose to keep the kitchen he
was able to reuse the building without the rezoning approval. He stated with the private
club there would be more restrictions and control on the business which could be
enforced by the City. He stated the approval was common sense. He stated with the
approval of the private club limited to Mr. Miller and limited to a cigar lounge this was
the most control the neighborhood and the City could expect withou t giving up anything.
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
8
Ms. Miriam Piccolo addressed the Commission in opposition of the request . She stated
she did not like the idea of the club being exclusionary. She stated she felt the business
should include all races, incomes and genders. She stated she did not want to live in
an area which was not inclusionary of all people.
Mr. David Bolick addressed the Commission in opposition of the request. He stated he
was in real estate and was on the Colony West Property Owners Association. He
stated the subdivision had previously been in decline. He stated the homeowners
association was only collecting $100.00 per year for the membership which was used to
maintain the pool, parks and common areas. He stated the dues had been raised to
$200.00 per year to allow for proper maintenance to the common facilities which
allowed the Homeowners Association sufficient funds to maintain and enhance the
subdivision. He stated once this occurred the subdivision began to turn -around and the
homes and the subdivision was a very desirable area of the City to live. He stated the
cigar lounge would be located at the main entrance to the subdivision. He stated the
neighborhood was a middle class neighborhood and the cigar lounge would be
marketed to an upper end cliental. He stated the previous restaurant failed due to the
restaurant being an upscale establishment and the neighborhoods not supporting the
business. He stated this was not an upscale spot. He stated he felt the reason the
applicant was looking at this location was due to the price of the land and building and
not as the best location to serve his clientele. He stated he had taken a poll of the
470 homeowners of the subdivision on both Next Door and Facebook. He stated he
questioned if the residents supported the use. He stated originally there was
overwhelming opposition to the request. He stated the opposition had decreased. He
stated the area was a single-family neighborhood and did not feel the use of the
property as proposed was a benefit to the subdivision.
Annie Depper addressed the Commission in opposition of the request. She stated the
residents had put so much into the neighborhood to bring property values up that to
allow the use would cause concerns. She stated she d id not want to see the building
vacant but felt a vacant building was better than allowing the wrong thing to occupy the
space.
Mr. Miller stated he had been looking at the project for over two (2) years. He stated he
wanted a standalone building because the biggest complaint with a cigar lounge was
the smoke and the impact on adjacent tenants. He stated he could open today if he
chose to keep the restaurant open. He stated he wanted the private club to allow him to
place limits on his clientele. He stated it was not exclusionary because if a membership
was purchased all would be allowed. He stated with the private club he could ensure an
upscale lounge.
There was a general discussion by the Commission concerning membership dues and
amenities that would be offered. Mr. Miller stated lockers would be provided and each
locker would be a $100.00 per month. He stated anyone could come off the street and
April 5, 2018
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9303
9
purchase a cigar in the retail portion of the business. He stated to be allowed a mixed
drink then the person would be required to purchase a membership.
A motion was made to approve the request including all staff recommendations and
comments. The motion carried by a vote of 11 ayes, 0 noes and 0 absent.
April 5, 2018
ITEM NO.: 8 FILE NO.: Z-9304
NAME: Central Acquisitions LLC Short-form PD-C
LOCATION: Located at 12620 Lawson Road
DEVELOPER:
Central Acquisitions LLC
c/o Lee Maris
15909 Cantrell Road
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
Central Acquisitions LLC, Lee Maris – Owner/Agent
SURVEYOR/ENGINEER:
Global Surveying Consultants, Inc.
6511 Heilman Court
North Little Rock, AR 72118
AREA: 1.327-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 6 PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family Residential
PROPOSED ZONING: PD-C
PROPOSED USE: Office – Pest control
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a rezoning of the site from R-2, Single-family to PD-C,
Planned Development Commercial, to allow the development of the site with an
office/warehouse for a pest control business. The building is proposed with a
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
2
3,000 square foot office area and a 4,5 00 square foot warehouse area. The site
plan indicates the placement of thirteen (13) parking spaces along Lawson Road.
B. EXISTING CONDITIONS:
A portion of the site is currently outside the city limits of the City of Little Rock.
The front portion of the property is inside the city limits and the rear portion of the
property is located outside the city limits. There are various zonings in this area
including a property zoned PD-C, Planned Development Commercial, for a
contractors office and storage yard and a property zoned PCD, Planned
Commercial Development, approved for a Dollar General store. Street
improvements to Lawson Road have been completed north of this site and on the
adjacent property to the south of this site. There appear to be thre e (3) or four
(4) ownerships on the west side of Lawson Road which have not redeveloped
and remain with no street improvements including widening, sidewalk and open
ditches for drainage. There appears to be two (2) to three (3) on the east side of
Lawson Road which also have not redeveloped and the improvements have not
been completed.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the Plantation
Acre Property Owners Association and Southwest Little Rock United for Progress
were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies
that Lawson Road for the frontage of this property must meet c ommercial
street standards. Dedicate right-of-way to 30-feet from centerline.
2. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to Lawson Road
including 5-foot sidewalks with the planned development. The new back of
curb should be located 18-feet from centerline and connect with the existing
curb and sidewalk to the south. The sidewalk should not be placed at the
back of curb.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Other
than residential subdivisions, site grading and drainage plans must be
submitted and approved prior to the start of construction.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
3
4. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e).
5. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
Maintenance of the detention pond and all private drainage improvements is
the responsibility of the developer and/or property owner.
6. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
7. Hauling of fill material on or off site over municipal streets and roads
requires approval prior to a grading permit being issued. Contact Travis
Herbner, Traffic Engineering, 501.379.1805 or therbner@littlerock.gov for
more information.
8. The radius of the driveway cannot extend beyond the projection of the side
property line to the street.
9. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate of
occupancy.
10. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. The width of driveway must
not exceed 36-feet. The proposed driveway should platted with an access
easement to be shared with the property to the north.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: The property must be inside the City
of Little Rock city limits to connect to sewer. Sewer main extension required if
new sewer service is required for this project. Reimbursement fee required.
Contact Little Rock Water Reclamation Authority for additional information.
Entergy: Entergy does not object to this proposal for allowable use change.
There do not appear to be any conflicts with existing electrical utilities at this
location. There is an existing three phase, overhead power line on the north side
of Lawson Road adjacent to this property. Contact Entergy in advance to
discuss electrical service requirements, or adjustments to existing facilities
(if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
4
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
3. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s materials
and construction specifications and installation will be inspe cted by an
engineer, licensed to practice in the State of Arkansas. Execution of a
Customer Owned Line Agreement is required.
4. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
5. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
5
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
5. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
height shall have at least two means of fire apparatus access for
each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to
124,000 square feet that have a single approved fire apparatus
access road when all building are equipped throughout with
approved automatic sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
6. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
6
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned
shall be approved by the fire code official.
d. D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the
aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
7. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150
feet shall be provided with width and turnaround provisions in accordance
with Table D103.4. Requirements for Dead-end fire apparatus access roads.
8. Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation
by one person.
4. Gate components shall be maintained in an operable condition at all
times and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being open ed by means of forcible
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
7
entry tools or when a key box containing the keys to the lock is
installed at the gate location.
7. Locking device specifications shall be submitted for approval \by the
fire code official
8. Electric gate operators, where provided, shall be listed in accordance
with UL 325.
9. Gates, intended for automatic operation shall be designed, constructed
and installed to comply with requirements of ASTM F 2200.
9. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the Little
Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or Capt. John
Hogue 501.918.3754). Number and Distribution of Fire Hydrants as pe r Table
C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Street buffers will be required at six (6) percent of the average depth of t he
lot. The minimum dimension shall be one-half (½) the full width requirement
but in no case less than nine (9) feet. The average depth of the lot is
approximately 165 linear feet. A ten (10) foot street buffer is required between
the property line and the proposed parking after the dedication of the right -of-
way.
3. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
8
4. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street, highway or
freeway. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter
planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet
of perimeter planting strip.
5. Landscape areas shall be provided between the vehicular use area used for
public parking and the general vicinity of the building, excluding truck loading
or service areas not open to public parking. These areas shall be equal to an
equivalent planter strip three (3) feet wide along the vehicular use area.
6. Land use buffers are to be maintained adjacent to the north R -2, Single-family
zoned properties. As a component of all land use buffer requirements,
opaque screening, whether a fence or other device, a minimum of six (6) feet
in height shall be required upon the property line side of the buffer. A
minimum of seventy (70) percent of the land use buffer shall be undisturbed.
Easements cannot count toward fulfilling this requirement. In addition to the
required screening, buffers are to be landscaped at the rate of one (1) tree
and three (3) shrubs for every thirty (30) linear feet.
7. A landscape irrigation system shall be required for developments of one (1)
acre or larger.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
route.
Planning Division: This request is located Ellis Mountain Planning District. The
Land Use Plan shows Service Trades District (STD) for this property. The
Service Trades District category provides for a selection of office, warehousing,
and industrial park activities that primarily serve other office service or industrial
businesses. The district is intended to allow support services to these businesses
and to provide for uses with an office component. A Planned Zoning District is
required for any development not wholly office. The applicant has applied for
rezoning from R-2 (Single Family District) to PCD (Planned Commercial
Development) to allow an office warehouse uses as an allowable use.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
9
Master Street Plan: East of the Property is Lawson Road and it shown as a
Local Street on the Master Street Plan. The primary function of Local Streets is to
provide access to adjacent properties. Local Streets that are abutted by
non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
The applicant was not present. Staff presented an overview of the item stating
there were few outstanding technical issues in need of addressing related to the
site plan. Staff stated they would work with the applicant to secure the additional
information necessary to complete the review process. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request raised at the March 14, 2 018,
Subdivision Committee meeting. The applicant has indicated a 40 -foot building
setback along Lawson Road, after right of way dedication, and a 15 -foot side
yard setback along the southern property line. The building setback along the
northern perimeter is approximately 50-feet. The drive has been redesigned to
allow a shared drive with the property to the north when the northern property is
redeveloped.
The site plan indicates the placement of a ground sign along Lawson Road not to
exceed seven (7) feet in height and six (6) feet in length. The sign area
proposed is 42 square feet. The applicant notes there will not be building
signage placed on the front façade. Staff recommends should building signage
be desired in the future the approval be l imited to a maximum wall sign area of
ten (10) percent of the front façade.
The applicant indicates the placement of a dumpster on the site near the rear
portion of the building. The dumpster will be screened per typical ordinance
requirements or screened on all four (4) sides with a solid wall or fence. The
screen is to be a minimum of two (2) feet above the height of the container.
The days and hours of dumpster service are to be limited to 7 am to 6 pm
Monday through Friday.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
10
The applicant indicates the hours of operation are proposed as similar office use.
The hours proposed are from 8:00 am to 5:00 pm Monday through Friday.
The applicant notes the building is proposed as a pre -engineered building with
neutral colors. The building is proposed with 26 gauge galvalume roofing with
26 gauge walls. The maximum building height if 20-feet.
The applicant notes no fencing is proposed on the site at this time. The applicant
notes any future fencing and screening will comply with fences and scr eening as
typically allowed within the commercial zones of the zoning ordinance. The site
abuts single-family zoned and used property to the north and west. These areas
will be required screening with either a fence, dense evergreen plantings or a
wall. The height of the screening required is six (6) feet.
The site plan indicates the placement of thirteen (13) parking spaces. Parking
typically required for the building square footage would be fourteen (14) spaces.
The typical ordinance requirement would be seven (7) spaces for the office
portion of the site (3,000 square feet) and seven (7) spaces for the warehouse
portion (4,500 square feet) of the development. Staff is supportive of the parking
as proposed.
A portion of the property is located outside the city limits of the City of Little Rock.
The applicant will be required to request and be approved an annexation prior to
the development of the site. Based on the City’s current policy all properties
must be inside the corporate limits of the City to receive wastewater service.
Staff is supportive of the applicant’s request. The site is indicated on the Future
Land Use Plan as STD, Service Trades District, which allows for this type use.
The area is redeveloping with non-residential uses including automobile sales,
construction contractor’s office and a general retail store. To staff’s knowledge
there are no remaining outstanding technical issues associated with the request.
Staff feels the request to allow the development of the site with the
office/warehouse use is appropriate.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
April 5, 2018
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9304
11
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. Staff stated the applicant was to request and be approved an
annexation to the City of Little Rock prior to the development of the site. Staff stated
based on the City’s current policy all properties were to be inside the corporate limits of
the City to receive wastewater service. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff by a vote of
10 ayes, 0 noes, 0 absent and 1 recusal (Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 9 FILE NO.: Z-9305
NAME: Meyer Long-form PD-C
LOCATION: Located at 10 Rusty Tractor Lane
DEVELOPER:
Doug Meyer
1 Sunset Lake Drive
Little Rock, AR 72210
OWNER/AUTHORIZED AGENT:
Doug and Sheree Meyer – Owner/Agent
SURVEYOR/ENGINEER:
West Land Surveying, Inc.
7 Roberts Street
Greenbrier, AR 72058
AREA: 7.69-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.21
CURRENT ZONING: R-2, Single-family
ALLOWED USES: Single-family residential
PROPOSED ZONING: PD-C
PROPOSED USE: Events center
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing to rezone the site from R-2, Single-family to PD-C,
Planned Development Commercial, to allow the use of the property as an events
center. Rusty Tractor Vineyards is the site of the historic Kinsel Dairy. The
property has been listed as a dairy farm for over 50 -years. The property is still
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
2
listed with Pulaski County and the USDA as a working farm. Six (6) years ago
the applicant decided to convert the pasture land into a vineyard and plant
grapes. Working in conjunction with the Pulaski County Department of the USDA
a plan was implemented to drill a well for irrigation of the grapes. Then the
owners planted 5,000 grape vines on 10 -acres of their ownership and installed a
trellis system and a drip irrigation watering system. The USDA funded part of the
system. It has been so successful the State USDA department has hosted one
(1) of their State wide meetings at the farm.
Rusty Tractor Vineyards has been approved for a federal permit as a bonded
winery through the Alcohol, Tabaco, Tax and Trade Bureau (TTB) and has al so
been approved by the state of Arkansas Alcohol Beverage Control Commission
(ABC) as a Small Farm Winery. Now that the grapes are maturing the vineyard
is producing grapes and Rusty Tractor Vineyards harvested their first crop in the
fall of 2017.
Rusty Tractor Vineyards rezoning request is proposed to allow the use of the
existing barns on the site for wine education classes, wine tastings and vineyard
tours, wine and dinner pairings, outdoor activities including family functions,
musical entertainment and hay rides. The event center will also be available for
weddings, receptions and mid-week business meetings. Local brewed beer will
be offered along with small farm wines from across the State and beyond.
Rusty Tractor Vineyards will not apply fo r a license from the State to allow liquor
sales in conjunction with their events and activities. The applicant indicates
some caterers which are licensed by the State to provide food and liquor may
potentially provide liquor at a private function or event.
B. EXISTING CONDITIONS:
The property being requested for rezoning is located outside the city limits of
Little Rock but abuts the city limits on the north and west sides. The site is a
portion of a larger tract owned by the developer. The re maining portions of the
property contains three (3) single-family homes (rental property), a vineyard and
the residence of the developer. Rusty Tractor Lane is a private unimproved
street extending from David O Dodd Road to the west. There is a single -family
subdivision located across David O Dodd Road to the east. There is a
single-family subdivision located to the north and northwest accessed from
Lawson Road.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with Southwest Little
Rock United for Progress were notified of the public hearing.
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. The driveway and access easement widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. The driveway within
the access easement should be constructed to at least 20 -feet in width with
concrete or asphalt.
2. All driveways, easements, and private streets shall be constructed with
concrete aprons per City Ordinance.
3. Stormwater detention ordinance applies to this property if additional
impervious surfaces including roof tops and parking areas are constructed. If
additional impervious surfaces are to be constructed, show the proposed
location for stormwater detention facilities on the plan. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owner.
4. Any future construction within the floodplain must conform to Pulaski County
floodplain requirements.
5. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25-foot wide
drainage and access easement is required adjacent to the floodway
boundary.
6. Per Section 36-341, floodways shall be kept free of structure involvement
including fences, open storage of materials and equipment, vehicle parking,
and other impediments to the free flow of floodwaters.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Outside the service boundary.
No comment.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. A single phase
overhead electrical power line runs along the north and west sides of this
property. Contact Entergy in advance to discuss electrical service requirements,
or adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
4
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the Developer’s
expense.
3. Please submit plans for water facilities and/or fire protection system to C entral
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
4. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
5. Contact Central Arkansas Water regarding the size and location of the water
meter.
6. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 501.377.1226 if you would like to
discuss backflow prevention requirements for this project.
7. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure zone back flow preventer shall be required.
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
5
fire apparatus access road, the minimum road width shall be 26 feet,
exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructed
shall be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
5. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Ark ansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
height shall have at least two means of fire apparatus access for
each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to
124,000 square feet that have a single approved fire apparatus
access road when all building are equipped throughout with
approved automatic sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
6. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
6
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the aerial fire apparatus access road is positioned
shall be approved by the fire code official.
d. D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the
aerial fire apparatus road and the building. Other obstructions shall
be permitted to be places with the approval of the fire code official.
7. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in accordance
with Table D103.4. Requirements for Dead-end fire apparatus access roads.
8. Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation
by one person.
4. Gate components shall be maintained in an operable condition at all
times and replaces or repaired when defective.
April 5, 2018
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ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
7
5. Electric gates shall be equipped with a mean s of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the keys to the lock is
installed at the gate location.
7. Locking device specifications shall be submitted for approval \by the
fire code official
8. Electric gate operators, where provided, sha ll be listed in accordance
with UL 325.
9. Gates, intended for automatic operation shall be designed, constructed
and installed to comply with requirements of ASTM F 2200.
9. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
Capt. John Hogue 501.918.3754). Number and Distribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning:
1. Applicant must submit a completed floodplain development permit
application.
2. A floodplain development permit fee of $25.00 plus one cent per cubic y ard
of fill to the placed in the SFHA. Check should be made out to "Pulaski
County".
3. An Elevation Certificate with proposed elevations for all new construction
located outside of the existing structure and inside of the SFHA. Finish floor
for the Dining Hall must be two (2) feet or higher above the Base Flood
Elevation. All utilities must be two (2) feet or higher above the Base Flood
Elevation. All enclosed areas, used for parking assess, and storage only,
can be located at any elevations but will need flood openings if finish-floor is
located below the Base Flood Elevation. See flood opening requirements
below.
4. A second Elevation Certificate is required after finish-floor forms are
completed and before floor is constructed. This applies to all new finish -
floors located within an enclosure.
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
8
5. A third as-built Elevation Certificate is needed after all construction is
complete to verify elevations and close out permit.
6. Existing structures located within the SFHA must meet the current Pulaski
County Floodplain Code requirements if improvements, including
remodeling, rehabilitation, additions, and repairs, in total value, exceed 50%
of the value of the structure before start of construction. Exceeding this 50%
value is classified as "Substantial Improvements". I mprovements to correct
identified violations of local health, sanitary or safety codes are not
substantial improvements, regardless of the cost, as long as they are the
minimum improvement necessary to bring the structure up to code. In the
attached PDF, there is a list of items that should be included in the project
cost as well as a list of items that can be excluded. Also in the attached pdf,
acceptable methods for obtaining the building's value are listed.
7. Flood opening requirements - New construction and substantial
improvements, with fully enclosed areas (such as garages and crawlspaces)
below the lowest floor that are usable solely for parking of vehicles, building
access or storage in an area other than a basement and which are below
the base flood elevation shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the
following minimum criteria:
a. A minimum of two openings on separate walls having a total net area
of not less than 1 square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than 1 foot above
grade or interior finish floor.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
d. Design and location of all openings must be submitted for review
during the permitting process.
8. Obtain driveway permit from Pulaski County Public Works for any new
driveways off David O' Dodd Road.
9. An alternative to elevating the Dining Hall (and existing large building, if
exceeding the 50% value threshold) would be to flood proof the structure to
a height of three (3) feet above the Base Flood Elevation. The flood proofing
option would require the submittal of the structural design, specifications,
and construction plans, certified by a professional engineer or architect, for
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
9
review. Flood proofing must be substantially impermeable to the passage of
water with structural components having the capacity of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. The architect or
engineer must certify that the design and methods of construction are in
accordance with the Pulaski County Floodplain Development Code. Design
must include specific elevations.
10. The applicant can contact Daniel Phillips or John Burton at 501-340-6800
for further information.
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Any new site development must comply with the City’s landscape and buffer
ordinance requirements.
2. Any new building rehabilitation or expansion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current code
requirements to be brought into compliance. Existing vehicular use areas may
continue as nonconforming until such time as a building permit is granted to
enlarge or reconstruct a structure on the property exceeding ten (10) percent
of the existing gross floor area. At such time ten (10) percent of the existing
vehicular use area shall be brought into compliance on a graduated scale.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Lands cape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. Transportation/Planning:
Rock Region Metro: The site is not located on a dedicated Rock Region Metro
route.
Planning Division: This request is located Crystal Valley Planning District.
District. The Land Use Plan shows Residential Low Density (RL) for the
application area. The Residential Low Density category provides for single family
homes at densities not to exceed six (6) units per acre. Such residential
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
10
development is typically characterized by conventional single family homes, but
may include patio or garden homes and cluster homes, provided that the density
remain less than six (6) units per acre. The applicant has applied for rezoning
from R-2 (Single Family District) to PCD (Planned Commercial Development) to
allow the use of the property as an Event Center.
Master Street Plan: North of the property is Rusty Tractor Lane, a private street.
Since this street is the only access it should be constructed as a Local Street
(Commercial Street). Local Streets that are abutted by non -residential zoning/use
or more intensive zoning than duplexes are considered as “Commercial Streets”.
A Collector design standard is used for Commercial Streets. This street may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
The applicant was present. Staff presented an overview of the item stating there
were a few outstanding technical issues in need of addressing related to the site
plan and the request. Staff requested additional information concerning outdo or
activities proposed for the site. Staff also questioned if live entertainment or
ticketed entertainment would be allowed. Staff requested the applicant provide
the location of any proposed parking and the material proposed for the parking
area. Staff also questioned the proposed signage plan.
Public Works comments were addressed. Staff stated Rusty Tractor Lane was to
be improved to allow access to the site. Staff stated a minimum pavement width
of 20-feet was to be provided. Staff requested the applicant provide the location
of any proposed stormwater detention facilities on the site plan.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly wi th
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request raised at the March 14, 2018
Subdivision Committee meeting. The applicant has indicated the proposed
parking, the days and hours of operation and indicated on occasion there will be
live entertainment and ticketed events. The applicant has indicated the proposed
signage plan.
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
11
The request is to rezone the site from R-2, Single-family to PD-C, Planned
Development Commercial, to allow the use of the property as an events center.
Rusty Tractor Vineyards is located on the historic Kinsel Dairy. The property has
been listed as a working dairy farm for over 50-years. The applicant has convert
the former pasture land into a vineyard and plant 5,000 grape vines on 10 -acres
of the property. The first harvest was in 201 7.
Rusty Tractor Vineyards is approved with a federal permit as a winery through
the Alcohol, Tabaco, Tax and Trade Bureau (TTB) and has also been approved
by the State of Arkansas Alcohol Beverage Control Commission (ABC) as a
Small Farm Winery. Now that the grapes are maturing the vineyard is producing
grapes for Rusty Tractor Vineyards. The applicant is proposing to use the
property as an events center in conjunction with the vineyards.
The request is to allow the use of the existing barns on th e site for wine
education classes, wine tastings and vineyard tours, wine and dinner pairings,
outdoor activities including family functions, musical entertainment and hay rides.
The event center will also be available for weddings, receptions and mid -week
business meetings. Local brewed beer will be offered along with small farm
wines from across the State and beyond. The applicant will not apply for a
license from the State to allow liquor sales in conjunction with their events and
activities. The applicant indicates some caterers which are licensed by the State
to provide food and liquor may potentially provide liquor at a private function or
event.
The revised cover letter states on occasion there will be live entertainment.
There will also on occasion be fireworks. He indicates on the 4th of July his
family hosts a gathering and there are fireworks associated with their function.
The plan indicates the placement of a 32 stall parking lot. The applicant has
indicated the parking will be paved. The existing private street extending from
David O Dodd Road will be widened to a minimum of 20-feet wide to provide
access the site. The entrance drive to the paved parking will also be a minimum
20-foot driveway width. The applicant notes there will be areas of graveled
parking. The gravel will be placed and contained within the proposed parking
area. The graveled parking will be located south of the proposed paved
parking area.
The applicant indicates an entrance feature and sign will be plac ed on David O
Dodd Road. This property does not have direct street frontage to David O Dodd
Road but this property owner owns the property which abuts David O Dodd
Road. The applicant will place the entrance feature and sign within a sign
easement on the road frontage. The maximum sign area proposed for the sign is
100 square feet.
April 5, 2018
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9305
12
The existing building, 50-feet by 100-feet, will be renovated for the events center.
The plan includes an addition to the southwest corner of the building for a
proposed dining hall. The plan also includes the placement of a patio on the
southern façade of the building. The existing milking barn will be renovated to
host small groups. The plan indicates an extension along the southern façade
for a concrete deck.
The hours of operation are from 11 am to 11 pm Monday through Thursday. The
hours on Friday and Saturday are proposed from 10 am to 1 am and the Sunday
hours are proposed from 11 am to midnight. The dumpster hours are indicated
from 7 am to 6 pm Monday through Friday.
The applicant notes the site is screened on the north and west with a natural
green buffer that will remain undisturbed. The property to the east and south are
owned by the applicant. The northern and western perimeters are fenced and
the existing fencing will remain.
Staff is supportive of the applicant’s request. The applicant is seeking approval
to allow the use of the site as an events center with most of the activity centered
on the vineyard. He indicates the grounds will be offered to families for picnics
and an area for the families to spread a blanket and enjoy the outdoors. The site
is located outside the city limits but is located adjacent to the city limits on the
north and west sides. To staff’s knowledge there are no outstanding technical
issues associated with the request. Staff feels the request to allow the use of the
former dairy farm as an events center will not significantly impact the area.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of approval of the request subject to
compliance with the comments and conditions as outlined in paragraphs D, E and F of
the agenda staff report. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes,
0 absent and 1 recusal (Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 10 FILE NO.: Z-7607-B
NAME: Lot A Chateau’s on Stagecoach Revised PCD
LOCATION: Located on the Northwest corner of Chateau Lane and Stagecoach Road
DEVELOPER:
MGC Properties LLC
15 South Block Suite 201
Fayetteville, AR
OWNER/AUTHORIZED AGENT:
MGC Properties, LLC, Tim and Carla Spainhour - Owner
McGetrick and McGetrick Engineering - Agent
SURVEYOR/ENGINEER:
McGetrick and McGetrick Engineering
11601 Bass Pro Parkway
Little Rock, AR 72210
AREA: 1.20-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.20
CURRENT ZONING: PCD
ALLOWED USES: Bank
PROPOSED ZONING: Revised PCD
PROPOSED USE: Office – O-3, General Office District
VARIANCE/WAIVERS: None requested.
BACKGROUND:
Ordinance No. 19,106 adopted by the Little Rock Board of Directors on May 18, 2004,
rezoned the site from R-2, Single-family to PCD, Planned Commercial Development, to
create two (2) lots and allow for a mixed use development containing a bank and a fast
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
2
food restaurant. The lots were approved containing 1.2 -acres each. Lot A was
proposed with a banking facility with 2,500 square feet of floor area and 22-parking
spaces. The maximum building height approved was 25-feet and the hours of operation
were from 8:00 am to 7:00 pm six (6) days per week. Lot B was approved with a
restaurant with drive-through service containing 4,150 square feet of floor area
and 38 parking spaces. The restaurant hours were approved from 6:00 am to 12:00 am
seven (7) days per week. The development did not occurred and the PCD
zoning expired.
Ordinance No. 20,935 adopted by the Little Rock Board of Directors on September 16,
2014, allowed the reestablishment of the PCD, Planned Commercial Development
District, zoning and allowed a revision to the site plan for Lot B. The site plan included
retaining the proposed bank on Lot A which was p roposed containing 2,500 square feet
of floor area and 22-parking spaces. The hours of operation for the bank were
proposed from 7 am to 7 pm Monday through Saturday. Lot B was proposed to change
from a fast food restaurant to a retail/commercial use. The retail facility was proposed
containing 8,320 square feet and 29-parking spaces. The hours of the retail business
were proposed from 7 am to 10 pm seven (7) days per week. The height of both
buildings was proposed less than 25-feet.
A condition of the previous approval was at the time the lots were developed the lots
were to provide landscaping along the western perimeter of Lots A and B at one and
one-half (1 ½) times the typical ordinance requirement for the placement of trees and
shrubs within the buffer area.
During the September 16, 2014, Board of Directors meeting the owner, Carla Spainhour
of MGC Properties, stated the company was willing to place $20,000 in an escrow
account and let the neighbors decide if they wanted to move forward wit h the process
for the consideration of a gate.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now proposing to revise the PCD, Planned Commercial
Development, zoning for Lot A. The applicant is proposing to construct a
6,000 square foot office building along with 32 parking spaces. The applicant
has indicated signage will comply with signage allowed in office zones.
The hours of operation are proposed from 7:00 am to 7:00 pm seven (7) days
per week.
B. EXISTING CONDITIONS:
The site is vacant and somewhat level. The area to the east, across Stagecoach
is currently vacant. West and northwest of the site are two single -family
subdivisions; Chateaus Subdivision and Bentley Court Subdivision.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
3
Other uses in the area include a branch library, office and commercial uses
located to the south along Stagecoach Road, Otter Creek Court and Otter Creek
Parkway.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with Southwest Little
Rock United for Progress, the Bentley Court Property Owners Association and
the Chateau Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. All driveways shall be concrete aprons per City Ordinance.
3. Remove all driveway curb cuts and aprons not proposed to be used.
4. Stormwater detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
Maintenance of the detention pond and all private drainage improvements is
the responsibility of the developer and/or property owner.
5. If disturbed area is one (1) or more acres, obtain a NPDES stormwater
permit from the Arkansas Department of Environmental Quality prior to the
start of construction.
6. Obtain permits for improvements within State Highway right -of-way from
AHTD, District VI.
7. Streetlights are required by Section 31-403 of the Little Rock code. Provide
plans for approval to Traffic Engineering. Streetlights must be installed prior
to platting/certificate of occupancy. Contact Greg Simmons, Traffic
Engineering, at 501.379.1813 or gsimmons@littlerock.gov for more
information.
8. Stagecoach Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45-feet from centerline will be required.
9. Sidewalks with appropriate handicap ramps are required in accordan ce with
Section 31-175 of the Little Rock Code and the Master Street Plan along
Stagecoach Road.
10. Driveway locations do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Driveway spacing on arterial
streets is 300-feet from street intersections and driveways and 150 -feet
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
4
from property lines. At time of the original PCD, Planned Commercial
Development, approval staff commented that access should be taken from
Chateaus Lane due to lack of spacing from Chateaus Lane and ce nter
turn lane.
11. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate
of occupancy.
E. Utilities/Fire Department/Parks/County Planning:
Little Rock Water Reclamation Authority: Sewer available to this site. Retain
existing easements. Contact Little Rock Water Reclamation Authority for
additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. A three phase
overhead electrical power line runs along the south side of Stagecoach Road
near this property with a single phase underground dip near the northeast corner.
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by the
Arkansas Department of Health Engineering Division and the Little Rock
Fire Department is required.
3. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
4. If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
5
5. Contact Central Arkansas Water regarding the size and location of the
water meter.
6. Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZA) is required on the
domestic water service. This assembly must be installed prior to the fir st
point of use. Central Arkansas Water requires that upon installation of the
RPZA, successful tests of the assembly must be completed by a Certified
Assembly Tester licensed by the State of Arkansas and approved by
Central Arkansas Water. The test results must be sent to Central Arkansas
Water’s Cross Connection Section within ten days of installation and
annually thereafter. Contact the Cross Connection Section at 501.377.1226
if you would like to discuss backflow prevention requirements for this
project.
7. Fire sprinkler systems which do not contain additives such as antifreeze
shall be isolated with a double detector check valve assembly. If additives
are used, a reduced pressure zone back flow preventer shall be required.
Fire Department:
1. Full Plan Review – Maintain Access
2. Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations
as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1
Section D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
3. Grade. Maintain fire apparatus access roads as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
4. Loading. Maintain fire apparatus access road design as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access
and loading. Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an
approved fire apparatus access road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds.
5. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in
accordance with Table D103.4. Requirements for Dead -end fire apparatus
access roads.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
6
6. Commercial and Industrial Developments – 2 means of access. - Maintain
fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in
height. Building or facilities exceeding 30 feet or three stories in
height shall have at least two means of fire apparatus access for
each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and
approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to
124,000 square feet that have a single approved fire apparatus
access road when all building are equipped throughout with
approved automatic sprinkler systems.
d. D104.3 Remoteness. Where two fire apparatus acce ss roads are
required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal
dimension of the lot or area to be served, measured in a straight
line between accesses.
7. 30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D105.1 – D105.4
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 30’, approved
aerial fire apparatus access roads shall be provided. For the
purposes of this section the highest roof surfaces shall be
determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet
walls, whichever is greater.
b. D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
c. D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of
15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of
the building on which the aerial fire apparatus access road is
positioned shall be approved by the fire code official.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
7
d. D105.4 Obstructions. Overhead utility and power lines shall not
be located over the aerial fire apparatus access road or between
the aerial fire apparatus road and the building. Other obstructions
shall be permitted to be places with the approval of the fire code
official.
8. Dead Ends. Maintain fire apparatus access roads at dead end locations as
per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of
150 feet shall be provided with width and turnaround provisions in
accordance with Table D103.4. Requirements for Dead -end fire apparatus
access roads.
9. Gates. Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus
access road gates. Gates securing the fire apparatus access roads shall
comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual
operation by one person.
4. Gate components shall be maintained in an operable condition at
all times and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate
by fire department personnel for emergency access. Emergency
opening devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain
and padlock unless they are capable of being opened by means of
forcible entry tools or when a key box containing the keys to the
lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official.
8. Electric gate operators, where provided, shall be listed in
accordance with UL 325.
9. Gates, intended for automatic operation shall be designed,
constructed and installed to comply with requirements of ASTM F
2200.
10. Fire Hydrants. Locate Fire Hydrants as per Appendix C of the
2012 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction
with Central Arkansas Water (Jason Lowder 501.377.1245) and the
Little Rock Fire Marshal’s Office (Capt. Tony Rhodes 501.918.3757 or
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
8
Capt. John Hogue 501.918.3754). Number and Dist ribution of Fire Hydrants
as per Table C105.1.
Parks and Recreation: No comment received.
County Planning: No comment.
F. Building Codes/Landscape:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
2. Screening requirements will need to be met f or the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
3. A perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property or the right-of-way of any street, highway or
freeway. This strip shall be at least nine (9) feet wide. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter
planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet
of perimeter planting strip.
4. Landscape areas shall be provided between the vehicular use area used for
public parking and the general vicinity of the building, excluding truck loading
or service areas not open to public parking. These areas shall be equal to an
equivalent planter strip three (3) feet wide along the vehicular use area.
5. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). The minimum size of an interior landscape area shall be one hundred
fifty (150) square feet for developments with one hund red fifty (150) or fewer
parking spaces. Interior islands must be a minimum seven and one half
(7 1/2) feet in width. Trees shall be included in the interior landscape areas at
the rate of one (1) tree for every twelve (12) parking spaces.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
9
6. Land use buffers are to be maintained adjacent to the north and west R-2,
Single-family zoned properties. As a component of all land use buffer
requirements, opaque screening, whether a fence or other device, a minimum
of six (6) feet in height shall be required upon th e property line side of the
buffer. A minimum of seventy (70) percent of the land use buffer shall be
undisturbed. Easements cannot count toward fulfilling this requirement. In
addition to the required screening, buffers are to be landscaped at the rate of
one (1) tree and three (3) shrubs for every thirty (30) linear feet.
7. A landscape irrigation system shall be required for developments of one (1)
acre or larger.
8. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. Transportation/Planning:
Rock Region Metro: The site is located on Rock Region Metro Route #23,
Baseline/Southwest Route.
Planning Division: This request is located Otter Creek Planning District. District.
The Land Use Plan shows Mixed Use (MX) for this property. The Mixed Use
category provides for a mixture of residential, office, and commercial uses to
occur. A Planned Zoning District is required if the use is entirely office or
commercial or if the use is a mixture of the three. The applicant has applied for
Revised PCD (Planned Commercial Development) to revise the site plan and
allow a change to the allowable use for this lot from a bank to an office use.
Master Street Plan: South of the property is Chateau Lane and it is shown as a
Local Street on the Master Street Plan. East of the property is Stagecoach Road
and it is shown as a Minor Arterial on the Master Street Plan. The primary
function of Local Streets is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. A Collec tor design
standard is used for Commercial Streets. A Minor Arterial provides connections
to and through an urban area and their primary function is to provide short
distance travel within the urbanized area. Entrances and exits should be limited
to minimize negative effects on traffic and pedestrians on Stagecoach Road
since it is a Minor Arterial. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
10
Bicycle Plan: A Class II Bike Lane is shown along Stagecoach Road. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (March 14, 2018)
Mr. Pat McGetrick was present representing the request. Staff presented an
overview of the item stating there were few outstanding technical issues in need
of addressing related to the site plan. Staff stated the previous approval included
the placement of additional landscape plantings along the western perimeter.
Staff also requested the days and hours of dumpster service.
Public Works comments were addressed. Staff stated the previous approval did
not allow the drive on Stagecoach Road. Staff stated the City’s Stormwater
Detention Ordinance would apply to the development of the site. Staff requested
the applicant provide the location for the proposed stormwater detention facilities
on the site plan. Staff also stated if the disturbed area was one (1) or more acres
a NPDES stormwater permit was required from the Arkan sas Department of
Environmental Quality.
Landscaping comments were addressed. Staff stated land use buffers were
required along the northern and western perimeters of the site. Staff stated
screening along these perimeters was also required. Staff st ated an automatic
irrigation system was required for lots in excess of one (1) acre. Staff stated a
minimum of eight (8) percent of the interior paved areas were to be landscaped
and designated as green space.
Staff noted the comments from the various other departments and agencies.
Staff suggested the applicant contact the departments or agencies directly with
any questions or concerns. There were no more issues for discussion. The
Committee then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant submitted a revised site plan to staff addressing most of the
technical issues associated with the request raised at the March 14, 2018,
Subdivision Committee meeting. The applicant has provided the days and hours
of dumpster service, relocated the drive and indicated the drive will be shared
access with the property to the north and indicated additional landscaping will be
placed along the western perimeter. The owner’s representative states the
owners of the property are working with the adjacent neighborhood concerning
the commitment to provide funds to assist with the installation of the gate at the
entrance to the subdivision.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
11
The request is to revise the PCD, Planned Commercial Development, zoning for
Lot A. The proposal is to allow the construction of a 6,000 square foot office
building along with 32 parking spaces. The applicant is proposing O -3, General
Office District uses as allowable uses for the site.
The applicant has indicated signage will comply with signage allowed in office
zones. The maximum height proposed for the sign is six (6) feet and the
maximum sign area proposed is 64 square feet. Building signage will be limited
to a maximum of ten (10) percent of the façade area of the abutting streets.
The hours of operation are proposed from 7:00 am to 7:00 pm seven (7) days per
week. The dumpster service hours are limited to 7:00 am to 6:00 pm Monday
through Friday.
Parking for an office use is typically based on one (1) p arking space per
300 gross square feet of floor area. Based on the building square footage and
the typical parking requirements for the office use 15 parking spaces would
typically be required. The plan includes 32 parking spaces.
Plantings on this lot, Lot A, will be placed at one and one -half (1 ½) times the
typical ordinance requirement for the placement of trees and shrubs within the
buffer area. A minimum of fifty percent (50%) will be evergreen type trees and
shrubs. In addition there is an existing wood fence located along the eastern
perimeter which was installed with the development of the single -family homes to
the west. Staff recommends if the fence is ever damaged or destroyed the
owner of Lot A replace the fence which is a screening req uirement for the
non-residentially zoned lot. The property to the north is zoned R-2, Single-family
which would typically require the placement of screening. The Future Land Use
Plan indicates the area as MX or Mixed Use. Staff recommends should this
property develop with a residential use the owner of Lot A install a screening
mechanism such as a wood fence or dense evergreen plantings.
Staff is supportive of the applicant’s request. The applicant is seeking approval
of a revision to the previously approved site plan to allow for construction of an
office building in-lieu of a bank. Access to the site along Stagecoach Road is
proposed as a platted access easement which will allow the property to the north
to share access in the future when the property is developed. To staff’s
knowledge there are no remaining outstanding technical issues associated with
the request. Staff feels the site plan and development of the property as
proposed is appropriate.
April 5, 2018
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: Z-7607-B
12
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
comments and conditions as outlined in paragraphs D, E and F of the agenda
staff report.
Staff recommends the plantings located along the western perimeter be installed
at a minimum of one and one-half (1 ½) times the typical ordinance requirement
for the placement of trees and shrubs within the buffer area and a minimum of
fifty percent (50%) are to be evergreen type trees and shrubs.
PLANNING COMMISSION ACTION: (APRIL 5, 2018)
The applicant was present. There were no registered objectors present. Staff presented
the item with a recommendation of approval of the request subject to compliance with
the comments and conditions as outlined in paragraphs D, E and F of the agenda sta ff
report. Staff presented a recommendation the plantings located along the western
perimeter be installed at a minimum of one and one-half (1 ½) times the typical
ordinance requirement for the placement of trees and shrubs within the buffer area and
a minimum of fifty percent (50%) were to be evergreen type trees and shrubs. There
was no further discussion. The item was placed on the consent agenda and approved
as recommended by staff by a vote of 10 ayes, 0 noes, 0 absent and 1 recusal
(Commissioner Keith Cox).
April 5, 2018
ITEM NO.: 11 FILE NO.: LA-0078
NAME: Geyer Springs Road and Mabelvale Cut-off Road
Tree Harvest Variance Request
LOCATION: South of Geyer Springs Rd and Mabelvale Cut-off Road
APPLICANT: Ridgewood Timber Corporation
APPLICANT’S REPRESENTATIVE: Benton Gann, Southern Forestry and Wildlife, LLC.
AREA: Approximately 253 acres
CURRENT ZONING: R2
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations
to harvest timber on approximately 253 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
harvest approximately 37% of the timber on approximately 253 acres located on
both the east and west sides of Geyer Springs Road south of Mabelvale Cut-off
Rd and Rinke Road. The variance would allow staff to issue a grading permit for
the timber harvesting activities without imminent construction.
B. EXISTING CONDITIONS:
The 253 acre property located within the City limits consists of low lying,
undeveloped dense tree covered areas zoned R2. West of the subject property
are residential subdivisions zoned R2 which consist of Capital Place, Yorkwood,
Littleton Addition and several unplatted properties.
South of the subject property are undeveloped properties both within the City
limits and out of the City limits. Also bounding the property on the south is the
old railroad right-of-way adjacent to Little Fourche Creek. North of the subject
property and west of Geyer Springs Road is Mabelvale Cut-off Road. Beyond
Mabelvale Cut-off Rd to the north are two (2) undeveloped properties zoned C2
and C3 and one (1) single family property zoned R2 in the George Acres
Subdivision. Also north of the subject property and east of Geyer Springs Ro ad
is Rinke Road. Beyond Rinke Rd to the north are several R2 zoned properties
with two (2) of the properties developed with single family homes.
East of the subject property are moderate to large undeveloped properties
zoned R2.
April 5, 2018
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: LA-0078
2
C. NEIGHBORHOOD COMMENTS:
As of the time of writing, staff has been provided proof of notifications being
mailed by the applicant to all adjacent property owners including those across
streets and alleys. As of the time of writing, staff has received several telephone
calls with questions or desiring additional information. Some callers raised
questions about the proposed development. Others did not like the idea of
clearing trees on adjacent property.
D. ENGINEERING COMMENTS:
1. Harvest activities must comply with state and federal forestry harvest
techniques and code. Damage to offsite property must be repaired by the
applicant in a timely manner.
2. Tree tops and debris generated from the harvest activity must be removed
at the conclusion of harvest to reduce the potentia l fire hazard. Contact the
Little Rock Fire Department for conditions and additional requirements.
3. A grading permit in accordance with section 29 -186 (c) & (d) will be required
prior to any land clearing or grading activities at the site.
4. The harvest activities shall be expeditiously completed in a time frame not
to exceed one (1) year in duration from the time work commences to
installation of all final erosion control measures and vegetation.
5. All erosion and stabilization controls, including permanent vegetation are to
be maintained by the responsible party for a period of 2 years following
completion of site work.
6. Maintenance for the 2 year period shall be guaranteed through posting of
cash, surety bond or letter of credit as referenced in Sec. 31 -431(2) at the
time of final inspection of the harvest and grading activities.
7. All required federal, state, and local permits and approvals shall be obtained
prior to commencement of land alteration activities.
8. Public W orks staff must be contacted for inspection for final approval of site
stabilization prior to acceptance and relinquishment of maintenance bond.
9. Erosion controls must be installed to reduce discharge of polluted
stormwater.
10. Vegetation must be established on disturbed area within 21 days of
completion of harvest activities.
11. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party.
April 5, 2018
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: LA-0078
3
12. Per Sec. 29-179(5), undisturbed areas designated for temporary buffers
shall be kept undisturbed except for reasonable access to the site. The
width of the temporary buffer strip shall be 6% of the lot width and depth.
The minimum width shall be 50 ft . where the subject property is adjacent to
other properties, residential streets, collector streets, and industrial streets.
The minimum width shall be 80 ft . where the subject property is adjacent to
City Parks, and arterial streets.
13. Little Rock Public Works Civil Engineering should be contacted fo r proper
sizing of temporary culvert pipe at entrance locations prior to placement.
E. PLANNING STAFF COMMENTS:
No comments
F. SUBDIVISION COMMITTEE:
The applicant’s representative, Mr. Benton Gann, was present. Staff presented
an overview of the variance application along with staff comments. Staff stated
that the applicant should remove all blockages caused by down trees and debris
within the creek and drainage paths across the property with the harvest
activities. No healthy, defined trees should be removed with the debris causing
the blockage. There was no further discussion of the item. The Committee then
forwarded the item to the full Commission for final action.
G. ANALYSIS:
The applicant is proposing to harvest approximately 37% of timb er on
approximately 253 acres. Nearly all 253 acres are located within the City limits.
The timber harvest plan identifies a mixture of pine and mixed hardwood trees.
The reason for the harvest is due to the large amount of marketable timber on
the property. The plan states all selected timber will be felled and skidded to
designated logging decks where they will be delimbed and sorted by product for
delivery to the mill.
The timber harvest plan states Stream Management Zones will be established
around each stream through the property. The zones are expected to be
approximately 70 ft. in width. The plan states 50 ft. undisturbed buffers will
remain adjacent to the exterior property lines of the subject property and Rinke
Road. 80 ft. undisturbed buffers will remain adjacent to Geyer Springs Road and
Mabelvale Cut-off Road except at access points.
The timber harvest plan shows access to the subject property for timber harvest
activities to be taken at four (4) locations off Geyer Springs Road. These access
points will be curved to prevent visibility by the passing public.
April 5, 2018
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: LA-0078
4
The delimbing debris will be piled and burned within the logging decks within
1 year after logging activities have been completed. The applicant has agreed
to contact the LRFD to obtain a permit for the burning of all tree tops and
debris generated from the project by either burning or hauling off. The
applicant has also agreed to obtain a grading permit and paint or flag all
property lines and undisturbed buffers prior to beginning work. The applicant
has agreed that the tree harvest activities will be completed in less than 1 year.
H.RECOMMENDATION:
Staff recommends approval of the timber harvest variance request subject to the
compliance with staff’s recommendations and comments found in paragraph D
along with the following comments and conditions:
1.The undisturbed buffers of 50 ft. and 80 ft. in width should be marked on site
with paint and/or flagging;
2.A grading permit should be obtained prior to the start of harvest;
3.Mud and debris tracked on Geyer Springs Road should be removed
immediately. The temporary culvert pipes used for access to the property will
be sized by a licensed engineer and removed at completion of project at
those locations not used for permanent access;
4.Any damages that occur to adjacent streets attributed to the timber harvest
should be repaired immediately;
5.Gates or cables should be installed at all access points at the completion of
timber harvest activities to prevent dumping and public access;
6.Contact the LRFD to obtain a burn permit for all tree tops and debris
generated from the project;
7.All site work shall only be conducted during permitted working hours as
allowed by the City of Little Rock Code of Ordinances.
I.PLANNING COMMISSION ACTION: (April 5, 2018)
The item was introduced by Mike Hood of Public Works. He explained the
proposal to harvest 37% of the timber on the applicant’s property and the
specifics of the proposed Timber Harvest Plan.
The application was represented by Benton Gann. Mr. Gann amended the
application by proposing to conduct additional searches of property records and
site reconnaissance to determine if a possible cemetery is located on the east
side of Geyer Springs Road east of Mabelvale Cut Off prior to applying for a
grading permit. If evidence of a cemetery is found, Mr. Gann proposes to
maintain a 50 ft. undisturbed buffer around the cemetery perimeter.
April 5, 2018
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: LA-0078
5
Mrs. BJ Wyrick addressed the Planning Commission concerned about the
drainage across the property and within Little Fourche Creek. Mrs. Wyrick was
also concerned that the amount of trees proposed to be harvested was extreme.
Commissioner Bill May asked why the application was being presented to the
Planning Commission for approval when some other properties are allowed to
clear and grade their entire property. Mr. Hood responded with an explanation of
the requirements of the Land Alteration Regulations for harvesting timber within
the City of Little Rock.
Commissioner Troy Laha commented that the property survey does not indicate
the existing right-of-way width on Geyer Springs Road and asked staff about the
penalty for clearing trees within the public right-of-way. Mr. Hood responded by
explaining the penalty procedure outlined in the Land Alteration Regulations and
restoration requirements.
There was no further discussion. The Chair entertained a motion for approval of
the variance application as amended with additional research into a possible
cemetery with staff’s recommendation and comments as found in paragraph D.
The motion carried by a vote of 10 ayes and 1 noes (Commissioner Laha).
April 5, 2018
ITEM NO.: 12 FILE NO.: LA-0079
NAME: CARTI Land Alteration Variance Request
LOCATION: 8901 CARTI Way
APPLICANT: CARTI
APPLICANT’S REPRESENTATIVE: Jim Beaty, Director Engineering
AREA: Approximately 17 acres
CURRENT ZONING: O2
VARIANCES/WAIVERS REQUESTED: Variances from the Land Alteration Regulations
to vary the land restoration plan from the requirements in Section 29-196 and to harvest
approximately 15% of remaining trees on the property.
A. PROPOSAL/REQUEST:
The applicant is requesting variances from the Land Alteration Regulations to
vary the land restoration plan from the requirements in Section 29-196 and to
harvest approximately 15% of the remaining trees on the 17 acre property
located on the north side of CARTI Way and south of I -630 at 8901 CARTI Way.
In response to Notice of Violation No. 0006, the applicant proposes t o plant some
of the required trees and shrubs and to donate the cost of the remaining trees to
the City of Little Rock T.R.E.E. fund. In addition, the applicant requests a
variance to harvest approximately 15% of the remaining trees to improve the
visibility of the CARTI facility from I-630. Approval of the variances would allow
staff to issue a grading permit for the timber harvesting activities without
imminent construction and the acceptance of a land restoration plan not in
conformance with the requirements of Section 29-196 of City of Little Rock code.
B. EXISTING CONDITIONS:
The 17 acre property located on the north side of CARTI Way and south of I -630
consists of dense mature trees. CARTI Way is located approximately 100 ft .
vertically above I-630. West of the subject property is a zoned open space buffer
of approximately 200 ft. in width. West of the open space buffer is the Arvest
Central Mortgage Company within a commercial/office development zoned C3.
South of the subject property is the recently constructed CARTI campus zoned
O2. South of the campus are several properties with various zoning. One
property is St. Andrews Church zoned R2 Conditional Use Permit. Also south is
a residential subdivision named Michaels Subdivision with single family homes
which shows to be zoned C3. Another property zoned MF-12 is undeveloped.
April 5, 2018
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: LA-0079
2
Other commercial/office properties are also located to the south with C3
Conditional Use permit zoning accessed off Business Park Drive and John
Barrow Road. One of the properties is Cruse Uniforms.
North of the subject property are undeveloped R2 zoned properties owned by the
City of Little Rock and a separate undeveloped R2 zoned property under private
ownership. Further north is the I-630 right-of-way. East of the subject property is
the Woodland Heights Retirement Center zoned PD -R and O3. Also east are
undeveloped properties owned by the City of Little Rock zoned office.
C. NEIGHBORHOOD COMMENTS:
As of the time of writing, staff has not been provided proof of notifications being
mailed by the applicant to all adjacent property owners including those across
streets and alleys. As of the time of writing, staff has not received any telephone
calls or emails with questions or desiring additional information.
D. ENGINEERING COMMENTS:
1. According to City code as found in Chapter 15, three (3) proposals or
estimates must be provided to staff for providing and planting trees. Only
2 estimates were provided. It appears the estimates do not consider both
the purchase and planting of trees.
2. The application fee has been paid but a sign has not been posted on the
property by the applicant. For the item to remain on the current Planning
Commission agenda, the posting of the site must be provided.
3. Harvest activities must comply with state and federal forestry harvest
techniques and code. Damage to offsite property must be repaired by the
applicant in a timely manner.
4. Tree tops and debris generated from the harvest activity must be removed
at the conclusion of harvest to reduce the potential fire hazard. Contact the
Little Rock Fire Department for conditions and additional requirements.
5. A grading permit in accordance with section 29 -186 (c) & (d) will be required
to be obtained prior to any land clearing or grading activities at the site.
6. The harvest activities shall be expeditiously completed in a time frame not to
exceed one (1) year in duration from the time work commences to
installation of all final erosion control measures and vegetation.
7. Maintenance of the planted trees, restored area, and harvested area for the
2 year period shall be guaranteed through posting of cash, surety bond or
letter of credit as referenced in Sec. 31-431(2) at the time of final inspection
of the harvest and planting activities.
April 5, 2018
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: LA-0079
3
8. All required federal, state, and local permits and approvals shall be obtained
prior to commencement of land alteration activities.
9. In the 2 years following, Public Works staff will conduct a final inspection for
final approval of site stabilization, planting, and harvesting prior to final
acceptance and relinquishment of the maintenance bond.
10. Erosion controls must be installed to reduce discharge of polluted
stormwater.
11. The proposed trees must be planted at an appropriat e time before
December 31, 2018.
12. The newly planted trees should be watered and maintained to promote
growth for at least 2 years.
13. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby construction site
shall be repaired by the responsible party prior to issuance of a certificate
of occupancy.
14. The proposed contribution to the City of Little Rock Tree Fund for 100 trees
must be made prior to 30 days following approval of the variance application
by the Planning Commission.
E. PLANNING STAFF COMMENTS:
1. Land use buffers are to be maintained adjacent to properties of a more
restrictive nature. The property located to the east is zoned PD-R. As a
component of all land use buffer requirements, opaque screening, whether a
fence or other device, a minimum of six (6) feet in height shall be required
upon the property line side of the buffer. Full to the ground holly trees can be
used to meet this requirement if spaced to provide an opaque barrier. A
minimum of seventy (70) percent of the land use buffer shall be undisturbed.
Easements cannot count toward fulfilling this requirement. In addition to the
required screening, buffers are to be landscaped at the rate of one (1) tree
and three (3) shrubs for every thirty (30) linear feet.
2. As per Sec. 36-525. - Permanency of buffer area. It shall be the
responsibility of the landowner to maintain all designated buffer areas in the
manner established by the approved plan.
3. Any trees that are destroyed or removed by act or consent of the responsible
party shall be replaced in accordance with the tree credits chart set forth in
Sec. 15-52. – Preservation protection and planting. Replacement shall
occur as soon as reasonably possible in accordance with the approved
April 5, 2018
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: LA-0079
4
landscape plan and good horticultural practices and in compliance with this
chapter.
4. As defined in Chapter 15 of the City Landscape Code Replacement trees
means trees that are planted to replace trees that have been severely
damaged or have died or have been otherwise removed. Fifty (50) percent of
replacement trees shall be a minimum of three (3) inches in caliper at planting
and the balance shall be four (4) inches in caliper or greater at planting.
5. Trees will need to be replaced with a species similar to those removed. The
predominant plant materials remaining on site are of an oak and pine variety.
F. SUBDIVISION COMMITTEE:
The applicant’s representative, Mr. Jim Beaty, was present. Staff presented an
overview of the variance application along with staff comments. There was no
further discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
G. ANALYSIS:
On January 31, 2018, Notice of Violation No. 0006 was issued to CARTI for the
removal of 39 defined trees. Some of the removed trees and veget ation were
located within the land use buffer along the east property line. Section 29 -197
and Chapter 15 of the City of Little Rock Code of Ordinances state one (1) tree
should be replanted for every 750 ft square feet of the area of violation with an
average spacing of 30 ft between trees with 50% of the trees having a minimum
three (3) inch caliper and the balance having a minimum 4 inch caliper of the
same or similar species as the trees removed.
At this time, CARTI is requesting a variance to not replant trees in conformance
with city code and Notice of Violation No. 0006. In lieu of replanting some of the
trees, CARTI requests to make a donation to the City of Little Rock T.R.E.E.
fund. Also, CARTI requests to remove an additional 15% of trees from the
property to improve the line of sight from I -630. To further develop an
appropriate corrective action plan, on May 26, 2018 CARTI requested the item
be deferred to the May 17, 2018 Planning Commission agenda.
H. RECOMMENDATION:
8. With the request, staff recommends approval of the deferral of the item to the
May 17, 2018 Planning Commission agenda.
April 5, 2018
SUBDIVISION
ITEM NO.: 12 (Cont.) FILE NO.: LA-0079
5
I. PLANNING COMMISSION ACTION: (April 5, 2018)
The applicant was present. There were no registered objectors present. Staff
presented the item stating on March 26, 2018, the applicant requested a deferral
of this item to the May 17, 2018, public hearing. Staff stated they were
supportive of the deferral request. There was no further discussion. The item
was placed on the consent agenda and approved as recommended by staff by a
vote of 10 ayes, 0 noes, 0 absent and 1 recusal (Commissioner Keith Cox).
PLANNING COMMISSION VOTE RECORD
DATEC
MEMBER
BERRY, CRAIG
/
✓
®
✓
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BYNUM, BUELAH
✓
✓
®
,/
COX, KEITH
FINNEY, REBECCA
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HAMILTON, SCOTT
HAYNES, MARLON D.
LAHA, TROY
LATTURE, PAUL
MAY, BILL B.
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✓
®
,/
STEBBINS, ROBERT
/
✓
THOMAS, DIANA M.
MEMBER
BERRY, CRAIG
BYNUM, BUELAH
COX, KEITH
FINNEY, REBECCA
HAMILTON, SCOTT
HAYNES, MARLON D.
LAHA, TROY
LATTURE, PAUL
MAY, BILL B.
STEBBINS, ROBERT
THOMAS, DIANA M.
Meeting Adjourned
P.M.
AYE NAYE
ABSENT —A&BSTAIN lZ RECUSE
April 5, 2018
There being no further business before the Commission, the meeting was adjourned
at 6:19 p.m.
Date
Chairman Secretary