pc_04 19 2018
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
APRIL 19, 2018
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Craig Berry
Buelah Bynum
Keith Cox
Rebecca Finney
Scott Hamilton
Marlon Haynes
Paul Latture
Bill May
Robert Stebbins
Members Absent: Troy Laha
Diana Thomas
City Attorney: Shawn Overton
III. Approval of the Minutes of the March 8, 2018 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
APRIL 19, 2018
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. A Revision of the River Market Design Overlay District (Sec. 36 -350 through
Sec. 36-367).
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-9314 Grantt Group Home – Special Use Permit
8104 Stanton Road
2. Z-9312 Agnew Multisectional Modular Home – Conditional
Use Permit
2605 Brown Street
April 19, 2018
ITEM NO.: A
Name: River Market Design Overlay District Revision (Sec. 36 -350 through Sec.
36-367).
Location: An area generally bounded by Riverfront Park, Interstate 30, Second
Street, and Cumberland Street.
Request: Revisions to the River Market Design Overlay District
Source: Staff and River Market Design Review Committee
ANALYSIS:
Staff initiated the process to revise the ordinance in 2016. The impetus of the revision
was the remove all of the instances of the word “prohibited” from the ordinance.
Additionally, Staff routinely keeps track of items that are possible ordinance
amendments. This time was notably sandwich board and projecting signs. These were
added and the Design Review committee added some additional ones. The changes
are combined into five groups. They are editing the word “prohibited”, changes to
internally lit signs, projecting sign changes, sandwich board sign changes and backfill
topsoil requirements.
The changes are combined into five groups. They are editing the word “prohibited”,
changes to internally lit signs, projecting sign changes, sandwich board sign changes
and backfill topsoil requirements.
1) Editing ten instances of the word “prohibited”. When the word “prohibited” is used in
the ordinance, there is technically no way to approve a variance. It must go through
a different longer process. When something is approved by the River Market DRC
that is “prohibited”, for example internally illuminated signs, that item then must go to
the Planning Commission and then to the Board of Directors for a Planned
Development with the accompanying ordinance written to supersede the River
Market DRC ordinance for only that location and only that particular sign. If the
ordinance was rewritten to allow for a variance, it would be heard at the Board of
Adjustment. The Board of Adjustment (BOA) meets monthly versus the Planning
Commission/Board of Directors (PC/BOD) that combined take three months or s o to
hear a case. The applicant provides a lot less paperwork for a BOA application than
a PC/BOD one. Ten instances of the word “prohibited” are proposed to be removed.
The instances are freestanding signs, internally illuminated signs in the “Signs in
General” subsection, in the “Wall Signs” subsection, on signs that face the Arkansas
River, and internally illuminated signs in the projecting signs section. Additional
April 19, 2018
ITEM NO.: A (Cont.)
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times the word “prohibited” is proposed to be removed is in the text of advertising
copy on signs; composition of sandwich boards; tacking of flyers, balloons and
streamers on sandwich boards; back lit awnings; and chain link, barbed or razor wire
fences.
The word “prohibited” remains in not allowing Physical or chemical treatments, such
as sandblasting or high pressure water cleaning, that cause damage to historic
materials. It also remains concerning additional curb cuts on President Clinton Ave.
These two items were discussed but the Committee believes they should require the
higher level of review of rezoning the property if one of these items were sought.
2) Proposed change of prohibition on internally lit signs. The Design Review
Committee created an exception if the sign utilizes channel or channelume
technology. This technology creates custom shaped signs instead of the cabinet or
box sign that is standard. Signs may be the shapes of letters, logos, or other custom
shapes. This is located in the “Signs in General” subsection and the “wall sign”
subsection.
3) The projecting sign section has four proposed changes; one is to allow for the signs
to be mounted higher on the building than before. Currently the top of the projecting
sign cannot be higher than the bottom sill of the second floor window. The proposal
is to change to the top sill of the second floor window or the ceiling of the second
floor whichever, is less.
Also proposed is changing the distance from the building a projecting sign can be
from three to four feet. The overall size has not changed. Another change proposed
is to change the frequency of projecting signs from one every 100 feet of building to
one every 50 feet. The last change proposed is to require businesses share
mounting apparatus of projecting sign when sharing an entrance to a building to
reduce clutter.
The current ordinance treats projecting signs on a first come first served on a per
block basis. This will allow additional businesses the opportunity to have a projecting
sign without an additional public hearings (Board of Adjustment). If bu sinesses
share a common entry to the street, for example, second floor offices, they would be
required to share a mounting apparatus at the shared entrance door. This will help
to eliminate projecting signs being too close together to render them unreadab le.
4) The sandwich board sign section has six proposed changes; adding a definition, text
to clarify intent, adding height to the signs, allowing plastic molded signs, eliminating
signs that are trip hazards, and chalkboards and dry erase boards.
April 19, 2018
ITEM NO.: A (Cont.)
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Proposing to add a definition of sandwich board signs. This did not appear
anywhere in the ordinance. River Market DOD is the only district where sandwich
boards are legally permitted. More additional text is being added to clarify intent of
sandwich board signs in the district. This text under Sec, 36 -353 (f) provides
rationale for the use of the signs in the district and sets parameters. Additional
height to sandwich board signs from thirty six inches to forty five inches is being
sought to conform to industry standards of size. Allowing for molded plastic
sandwich board sign as long as they are black in color will allow for ease or
replacing worn or damaged signs. Light colored plastic signs are apt to be appear
dirty and unkempt. Some design of sandwich board build in tripping hazards,
notably those certain models that have feet (horizontal members that extend past
the bottom of the sign. The last proposed change clarified chalkboards and dry
erase boards on sandwich board signs. White dry erase boards are apt to present a
grimy appearance.
5) In two places, the proposed changes edited the text on the tree planting strip backfill
to allow for engineered soil to help prevent uneven settling of the brick pavers.
PLANNING COMMISSION ACTION: (MARCH 8, 2018)
The item was approved on the consent agenda for deferral to the April 19, 2018 agenda
by a vote of 9 ayes and 2 absent.
STAFF RECOMMENDATION: (APRIL 19, 2018)
Staff recommends approval.
PLANNING COMMISSION ACTION: (APRIL 19, 2018)
The item was approved on the consent agenda for deferral by a vote of 8 ayes and
3 absent.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE RIVER MARKET
DESIGN OVERLAY DISTRICT CHAPTER 36, SECTION
36 -350 THROUGH 36 -367, PURSUANT TO THE DESIGN
OVERLAY AUTHORITY OF CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, the River Market Design Review Committee appointed by the
Mayor and the Board of Directors has reviewed the ordinance and proposed changes,
and;
WHEREAS, The River Market Design Review Committee held a public
hearing and invited all property owners and business owners to attend, and,
WHEREAS, the area residents and business owners have reviewed the
ordinance and proposed changes, and,
WHEREAS, the Little Rock Planning Commission reviewed the Design
Overlay District revisions at its regular meeting and recommended approval at a
public meeting to which area property owners were invited.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK:
SECTION 1. That various provisions of Chapter 36 of the Code of
Ordinances of the City of Little Rock, Arkansas, be amended as follows:
Subsection (a). That Chapter 36., Section 36 -350 be amended to
provide for the addition of a definition of Sandwich Board signs and to then
read as follows:
Sandwich boards, for purposes of this division, are portable
signs that are constructed of two panels joined with hinges at the
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top in such a way that they create a triangular shape in profile (side
view) when opened for display.
Subsection (b). That Chapter 36., Section 36 -350 be amended to
provide for the addition of a definition of Chanel or Channelume signs and to
then read as follows:
A channel or channelume sign is one that has uniquely
shaped translucent faces and backs that are cut to be the same size
and shape and a custom bent channel side material to conform to
the shape of the face. The result is a three dimensional custom
sign that is not square or rectangular in shape.
Subsection (c). That Chapter 36, Section 36- 353(a)(1)f. be amended
to provide for the deletion of certain text and the addition of new text and to
then read as follows:
Signs shall be a wall, projecting, or sandwich board sign.
Subsection (d). That Chapter 36, Section 36- 353(a)(2) be amended to
provide for the deletion of certain text and the addition of new text and to then
read as follows:
(2) Appearance
a. Signs shall be compatible with the architecture of the
building on which it is located.
b. Design of signs shall capitalize on the special character
of the District.
c. Window signs shall not cover more than twenty -five
(25) percent of each glass panel.
d. Awning signs shall not exceed twelve (12) square feet
per awning.
e. Neon illumination is permitted.
f. Signs shall not be internally illuminated with the
exception of channel and channelume signs.
g. Materials used in signs shall be compatible with signs
and architecture on adjacent sites.
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Subsection (e). That Chapter 36, Section 36- 353(c)(3) be amended to
provide for the deletion of certain text and the addition of new text and to then
read as follows:
Sign illumination. Signs shall not be internally illuminated
with the exception of channel and channelume signs. When signs
are externally lit, they shall be illuminated from a concealed source
of light or a decorative source that is integral to the design of the
sign.
Subsection (f). That Chapter 36, Section 36- 353(d)(3) be amended to
provide for the deletion of certain text and the addition of new text and to then
read as follows:
Sign illumination. Signs shall not be internally
illuminated with the exception of channel and channelume signs.
When signs are externally lit, they shall be illuminated from a
concealed source of light or a decorative source that is integral to
the design of the sign.
Subsection (g). That Chapter 36, Section 36- 353(e)(1) be deleted in
its entirety and replaced with new text to read as follows:
a. Projecting signs shall maintain a nine -foot clearance in all
pedestrian walkways and a thirteen -foot clearance over vehicular
use areas, i.e. alleys and driveways.
b. Height of projecting signs shall not extend past the top of the
second story windows or the ceiling of the second floor, whichever
is less.
c. Projecting signs shall extend a maximum of four (4) feet from
the face of the building.
d. The number of projecting signs shall be limited to one sign per
fifty (50) feet of street frontage per building.
e. Projecting signs shall be placed at a ninety- degree angle to the
building.
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f. Signs shall be spaced so not to conflict or obscure other
signage.
g. Businesses are required to share mounting apparatus for a total
of twenty -five (25) square feet of signage per mounting apparatus
for businesses with a shared entrance, in lieu of individual
projecting signs.
Subsection (h). That Chapter 36, Section 36- 353(e)(3)a be amended
to provide for the deletion of certain text and the addition of new text and to
then read as follows:
Sign illumination. Signs shall not be internally
illuminated. When projecting signs are externally lit, they shall be
illuminated from a concealed source of light or a decorative
source that is integral to the design of the sign.
Subsection (i). That Chapter 36., Section 36 - 353(f) be amended to
provide for the addition of new text and deletion of other text and to then read
as follows:
Sandwich board signs. Sandwich board signs are popular
in the district and perform a service for both special events and
daily use by businesses. It is important to coordinate the design
and maintenance of the sandwich boards so not to introduce
clutter. Sandwich boards are encouraged to be personalized and
custom designed. Differing degrees of maintenance and
cleanliness area a result of the inherent characteristics of the
materials from which they are made; e.g., Light colored plastic
sandwich boards become soiled with dirt and are difficult to
clean. The placement and number of sandwich board signed in
the district can impact pedestrian safety. In addition, some metal
signs with `feet' become tripping hazards for the pedestrians in
the area.
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(1) Location.
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a. Sandwich board signs shall be located within the brick
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planting strip portion of the sidewalk.
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b. Sandwich board signs shall not number more than one (1)
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per business.
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c. Sandwich board signs shall be displayed only when the
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business is open for business and shall be removed from the
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exterior of the building when the business is closed.
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d. Sandwich board signs shall have a minimum spacing of one
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(1) per twenty -five (25) linear feet of sidewalk not to exceed six
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(6) per block face.
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(2) Appearance.
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a. Sandwich board signs shall be no larger than twenty -four
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(24) inches wide and forty-five (45) inches tall per face with a total
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height not to exceed forty -five (45) inches.
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b. Sandwich board sign construction shall be of wood, metal or
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plastic with the following exceptions: Frames of sandwich board
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signs shall not be of a pressed wood or molded wood product.
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Molded plastic construction shall not be permitted except for black
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molded plastic sandwich board signs.
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c. Sandwich board signs shall be kept in a tidy and clean
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condition and maintained in good repair. Sandwich board signs
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shall be stable and weighted to resist overturning due to wind or
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accidental pedestrian contact.
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d. Sandwich board signs shall not include individually
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changeable letters, flyers or loose leaf pages, or poster boards
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attached to the sign.
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e. Hand written messages are allowed if presented in a neat and
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legible manner on a dark color background, i.e.: chalkboard or
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black dry erase board. White dry erase boards are not permitted.
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I f. Sandwich board signs shall not have balloons, ribbons,
2 streamers, or other decorative attachments.
3 g. Sandwich board signs shall not have extended `feet' that
4 create a tripping hazard for pedestrians.
5 (3) Sandwich board signs shall not be illuminated.
6 (4) A franchise permit and sign permit for a permanent type sign
7 shall be required for all sandwich board signs.
8 Subsection (j). That Chapter 36, Section 36- 355(f)(1) be amended to
9 provide for the deletion of certain text and the addition of new text and to then
10 read as follows:
I 1 The tree planting strip shall be a four (4) feet wide red brick
12 paving strip on a two (2) inch sand base with eighteen (18) inches
13 of select backfill subject to approval by Public Works.
14 Subsection (k). That Chapter 36, Section 36- 357(a)(3) be amended to
15 provide for the deletion of certain text and the addition of new text and to then
16 read as follows:
17 Awnings shall not be illuminated by a direct backlight. A
18 direct backlight is an illumination source that is placed behind the
19 awning for the purpose of illuminating the awning.
20 Subsection (1). That Chapter 36, Section 36- 358(g)(1) be deleted in
21 its entirety and replaced with new text to read as follows:
22 Backfill shall be composed of engineered soil that
23 promotes healthy tree growth and backfill be subject to approval
24 by Public Works.
25 Subsection (m). That Chapter 36, Section 36- 364(a)(1) be amended
26 to provide for the deletion of certain text and the addition of new text and to
27 then read as follows:
28 Fences shall not be constructed with chain link, razor wire,
29 or barbed wire.
30 SECTION 2. Severability. In the event any title, section, paragraph, item,
31 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
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I invalid or unconstitutional, such declaration or adjudication shall not affect the
2 remaining portions of the ordinance which shall remain in full force and effect as if
3 the portion so declared or adjudged invalid or unconstitutional was not originally a
4 part of the ordinance.
5 SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the
6 same that are inconsistent with the provisions of this ordinance are hereby repealed to
7 the extent of such inconsistency.
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10 PASSED:
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12 ATTEST: APPROVED:
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16 City Clerk Mayor
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APPROVED AS TO FORM:
City Attorney
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April 19, 2018
ITEM NO.: 1 FILE NO.: Z-9314
Name: Grantt Group Home – Special Use Permit
Location: 8104 Stanton Road
Applicant: Carla Grantt
Owner: Gaylon Carter
Proposal: A Special Use Permit is requested to allow a
group home to be operated in the single family
residence located on the R-2 zoned property at
8104 Stanton Road.
A. Public Notification:
All owners of property located within 200 feet of the site and the upper
Baseline/Windamere and SWLR United for Progress Neighborhood
Associations were notified of the public hearing.
B. Public Works Issues:
No Comments.
C. Staff Analysis:
The R-2 zoned property at 8104 Stanton Road is occupied by a two-story
single-family residential structure. The property is located on the west
side of Stanton Road, south of Interstate 30. There is a two (2) car wide
driveway from Stanton Road at the northeast corner of the property. An
additional concrete parking pad is located within the front yard area.
There is parking for approximately five (5) vehicles on the concrete
driveway and parking pad areas. The property is owned by Gaylon Carter
who has submitted written authorization for Carla Grantt to represent the
property and file for the Special Use Permit.
The general area is predominantly comprised of single family uses and
zoning. A commercial use, zoned PID, is located immediately to the north,
with a church to the northeast. Mobile home parks are located to the north
and south along Stanton Road. Single family residences are located
across Stanton road to the east. A small amount of undeveloped R-2
zoned property is located immediately to the south and west.
April 19, 2018
ITEM NO.: 1 (Cont.) FILE NO.: Z-9314
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The applicant, Carla Grantt (Mary’s House of Restoration, Inc.), is
requesting a Special Use Permit to allow operation of a group home within
the residential structure on the R-2 zoned property at 8104 Stanton Road.
The applicant proposes the group home for up to five (5) female residents
who are disabled and recovering from substance abuse or behavioral
addictions. There will be one (1) live-in house manager. The applicant
notes that some program activities will be provided to the residents.
Program activities at this location will include “individual counseling for all
clients as well as a Relapse Prevention class”.
Following is the definition of a group home as found in Section 36 -3 of the
City’s Zoning Ordinance:
“Group home means a facility that does not fall within
another defined facility category within this section and
which provides housing in a family-like environment to
more than four (4) handicapped individuals. This use
is permitted only as a special use as designated in
this chapter.”
The applicant notes that the total area of the residential structure is
1,832 square feet. The applicant proposes to house the residents in
three (3) bedrooms as follows:
Bedroom 1 – 110 square feet – 1 occupant (Resident Manager)
Bedroom 2 – 240 square feet – 4 occupants (first floor)
Bedroom 3 – 112 square feet – 1 occupants (second floor)
Section 8-406(a) of the City’s Buildings and Building Regulations
Ordinance (minimum area per dwelling unit) requires 150 square feet for
the first occupant and 100 square feet for each additional occupant.
Therefore, the minimum area for a residence occupied by six (6) persons
(5 residents plus 1 manager) is 650 square feet. As noted earlier the
residential structure contains 1,832 square feet.
Section 8-406(b) (minimum area per bedroom) requires 70 square feet for
the first occupant and 50 square feet for each additional occupant. The
occupancy for the bedrooms as proposed conforms to this ordinance
requirement.
Section 36-54(e)(4) of the City’s Zoning Ordinance provides the following
provisions, as adopted by the Board of Directors on September 6, 2005:
April 19, 2018
ITEM NO.: 1 (Cont.) FILE NO.: Z-9314
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1. family care facility, group care facility, group home, parolee
or probationer housing facility, rooming, lodging and
boarding facility.
(a) Separation, spacing and procedural requirements for family
care facilities, group care facilities, group homes, parolee
or probationer housing facilities and rooming, lodging and
boarding facilities will be determined by the Planning
Commission so as not to adversely impact the surrounding
properties and neighborhood. Unless the commission
determines that a different area is more appropriate, a
neighborhood shall be defined as an area incorporating all
properties lying within one thousand five hundred (1,500)
feet of the site for which the permit is requested.
(b) There shall be a presumption that a special use permit for
a group home of 5, 6, 7, or 8 handicapped persons will be
granted if all ordinance requirements are met, except that
individuals whose tenancy would constitute a direct threat
to the health or safety of other individuals of whose
tenancy would result in substantial physical damage to the
property of others shall not be allowed in such a home.
(c) Issues that the planning commission will consider during its
review of a family care facility, group care facility, group
home, parolee or probationer housing facility, or rooming,
lodging and boarding facility include, but are not limited to:
1. Spacing of existing similar facilities.
2. Existing zoning and land use patterns.
3. The maximum number of individuals proposed to be
served, the number of employees proposed and the
type of services being proposed.
4. The need and provision for readily accessible public
or quasi-public transportation.
5. Access to needed support services such as social
services agencies, employment agencies and medical
service providers.
6. Availability of adequate on-site parking.
April 19, 2018
ITEM NO.: 1 (Cont.) FILE NO.: Z-9314
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(d) The Fire Marshal must approve the use of any structure
proposed as a family care facility, group care facility, group
home, parolee or probation housing facility or rooming,
lodging and boarding facility.
(e) Family care facilities, group care facilities, group homes
and parole or probation housing facilities shall be operated
within any and all applicable licensing and procedural
requirements established by the State of Arkansas.
The site is not located on Rock Region METRO bus route. Route #22
(University Avenue/Mabelvale Route) runs along the I-30 Frontage Road
to the north, and Route #23 (Baseline/Southwest Route) runs along
Baseline Road to the south.
There is no bill of assurance for this property as per Pulaski County
Courthouse personnel.
An area survey conducted by staff revealed no existing similar facilities
within 1,500 feet of the subject property.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
Staff is supportive of the application for a group home, as proposed by the
applicant. Staff views the request as reasonable. As noted in Section 36-
54(e)(4) of the code (page 3. of the staff report), there shall be a
presumption that a special use permit for a group home of 5 to 8
handicapped persons will be granted if all ordinance requirements are met.
Staff believes that is the case with the subject property. The parking area
within the front yard area should be sufficient to serve the proposed group
home use. The applicant notes that typically no more than three (3)
vehicles will be on the site. There are existing bus routes a short distance
to the north and south, along the I-30 frontage road and Baseline Road.
The square footage of the overall residence and the individual bedrooms
conforms to Chapter 8 of the code. Additionally, the Fire Marshal has
inspected the residence and approved the proposed occupancy, noting no
violations. Staff believes the proposed group home is an appropriate use of
this property.
April 19, 2018
ITEM NO.: 1 (Cont.) FILE NO.: Z-9314
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D. Subdivision Committee Comment: (March 28, 2018)
Carla Grantt was present, representing the application. Staff briefly
described the proposed group home use. Staff noted that a dditional
information was needed with respect to the area of the residence and
individual bedrooms, occupancy of bedrooms and activities which will take
place at the residence. Ms. Grantt noted that the additional information
would be provided to staff. Ms. Grantt provided a copy of the Fire
Marshal’s inspection report to staff. Ms. Grantt also noted that she would
be attending a neighborhood association meeting to present her proposal.
After brief additional discussion, the Committee forwarded the application
to the full Commission for resolution.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a group
home at 8104 Stanton Road, subject to the following conditions:
1. A maximum of five (5) handicapped residents will be allowed, with one
(1) live-in house manager.
2. Compliance with all requirements as found in Section 36-54(e)(4) of the
Code.
PLANNING COMMISSION ACTION: (APRIL 19, 2018)
The applicant was present. There were no objectors present. Staff presented the
item with a recommendation of approval.
The application was placed on the Consent Agenda for approval. The vote was
8 ayes, 0 nays and 3 absent. The application was approved.
April 19, 2018
ITEM NO.: 2 FILE NO.: Z-9312
NAME: Agnew Multisectional Modular Home – Conditional
Use Permit
LOCATION: 2605 Brown Street
OWNER/APPLICANT: Aaron D. Agnew, Sr.
PROPOSAL: A conditional use permit is requested to allow for
placement of a multisectional modular home on this
vacant, R-3 zoned, 0.537± acre site.
1. SITE LOCATION:
The property is located at the southeast corner of West 26th Street and
Brown Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood of single family residences.
The primary housing type appears to be 1940’s – 1950’s era, frame
bungalow’s. The applicant’s proposed home is comprised of 6, flat-roofed,
commercial-style modules that he proposes to join together to make one
large single family residence. Although there are at least two other large
residential structures in the immediate area (on Brown Street) they are
built in the more traditional residential style that is more compatible with
the other homes. Staff is concerned that the applicant’s proposal to use
this multi-module non-residential structure as a residence is not
compatible with the other homes in the neighborhood .
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Goodwill and Love Neighborhood
Associations.
3. ON SITE DRIVES AND PARKING:
This proposed single family residence requires one (1) on-site parking
space. The applicant is proposing to construct a two -car garage with a
driveway which is large enough to park an additional four (4) vehicles, if
needed.
4. SCREENING AND BUFFERS:
No comments on this single family application.
April 19, 2018
ITEM NO.: 2 (Cont.) FILE NO.: Z-9312
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5. PUBLIC WORKS:
1. Brown Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be
required. The right-of-way dedication will move the property line closer
to the proposed building.
2. W. 26th Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be
required. The right-of-way dedication will move the property line
closer to the proposed building.
3. A 20 feet radial dedication of right-of-way is required at the intersection
of Brown Street and W. 26th Street.
6. UTILITIES AND FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer available in alley. Retain
10' wide easement for existing sewer main.
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 single phase, overhead power
line located in the alley on the east side 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 comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received. Contact CAW for
requirements.
Fire Department:
Maintain Access:
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.
April 19, 2018
ITEM NO.: 2 (Cont.) FILE NO.: Z-9312
3
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 (Daniel Tull 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.
Building Codes: No comments.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: There is a RRM bus route located along W.
Roosevelt Road, south of the site.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 28, 2018)
The applicant was present. Staff presented the application and noted some
additional information was needed on specifics of the application. Staff asked
the applicant to provide a site plan with building dimensions and with all setbacks
from property lines dimensioned. Staff noted an architect’s renderings of the
proposed finished structure were submitted. The applicant was asked to confirm
that the renderings represented the structure proposed under this application.
The applicant was asked to provide some description of the materials to be used
on the exterior and roof of the structure. Staff noted the requested fence height
variance and asked the applicant to describe the fencing proposed on all
perimeters of the site.
Public Works Comments were discussed. The applicant was asked to submit a
revised site plan indicating the required right-of-way dedication and the building
setbacks as measured from the new property lines.
Other agency comments were noted.
The applicant was advised to respond to staff issues by April 4, 2018. The
Committee forwarded the item to the full Commission.
April 19, 2018
ITEM NO.: 2 (Cont.) FILE NO.: Z-9312
4
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
placement of a multisectional modular home on this vacant, 0.537± acre site.
The applicant acquired 6 modules that had previously been joined together to
make a non-residential building. The applicant had the modules brought to a
vacant property he owns at the southwest corner of West 26th and Allis Streets
with intent of joining them together to make a 6,000± square foot single family
residence. The modules were placed on the property without prior approval.
Staff initiated enforcement and the applicant filed for a conditional use permit.
On January 25, 2018, the Planning Commission denied the conditional use
permit to allow for placement of modular home on the property at the southwest
corner of West 26th and Allis.
The applicant is now requesting approval to place the modular home on the
property he owns at the southeast corner of West 26th and Brown Streets;
directly west of the original site. The modules are still located on the original
26th and Allis site.
The applicant proposes to arrange the 6 modules into a hollow square with a
courtyard in the center. The proposed single family residence will contain
approximately 6,000 square feet. The exterior of the structure will be refinished
with lapsiding or stucco, brick and stone. A new, modern roof will be installed.
Roofing materials will be either PVC with solar panels or asphalt shingles. An
8 foot tall wrought iron fence with dry stack stone column s is proposed to enclose
the property. A two-car garage structure (either attached or detached) will be
located on the south side of the proposed home, with access off of Brown Street.
The concrete paved driveway will accommodate an additional 4 vehicles, if
needed. The applicant submitted an architect’s renderings of the proposed
finished structure and has stated those renderings represent the structure
proposed under this CUP application.
The current right-of-way for both West 26th and Brown Streets is a total of 30 feet,
or 15 feet from centerline. The Master Street Plan requires the dedication of an
additional 10 feet on both streets to 25 feet from centerline. Based on the
dimensions on the plan submitted by the applicant, the resulting building setback
will be 4+ feet on the 26th Street perimeter and 15 feet on the Brown Street
perimeter. A rear yard setback of 11.9 feet to 22.1 feet is proposed due to a
portion of the alley at the rear of the site having been previously abandoned.
When reviewing a conditional use permit application, the Commission is to
review the use’s compatibility with the area and specific treatment of…amenities
provided to protect the integrity of the neighborhood. The Commission is to
determine if the proposed use is compatible with and will not adversely affect
other properties in the area where it is proposed to be located.
April 19, 2018
ITEM NO.: 2 (Cont.) FILE NO.: Z-9312
5
Staff does not believe the specific structure, as proposed, is compatible with the
predominate uses in the area.
There is no bill of assurance for this acreage property.
STAFF RECOMMENDATION:
Staff recommends denial.
PLANNING COMMISSION ACTION: (APRIL 19, 2018)
The applicant was present. There were several persons present in opposition to
the item. Staff presented the item and a recommendation of denial. The
applicant, Aaron Agnew, addressed the commission. He stated he had moved
the proposed location off of Allis Street to accommodate concerns raised by the
neighbors. He showed the drawings which had been prepared by an architect.
Mr. Agnew stated he had been told by the neighborhood association that there
was nothing he could do to gain their support. He stated he was seeking
approval to allow a home for his family.
Sedalia Gouley, President of the Goodwill Neighborhood Association, s tated the
neighborhood was opposed to allowing a modular home.
Sabrina Hood, of 2617 Allis Street, stated she was opposed to the item .
Willie Watson, of 5917 Timberside Rd., voiced his opposition. He stated he was
a long-time area property owner. He suggested Mr. Agnew take the proposed
modular home elsewhere.
Erma Hendrix, Ward 1 City of Little Rock Board of Directors, stated she
supported staff’s recommendation. She stated this use was not appropriate for
this site.
Donald Mitchell, of 2614 Allis Street, stated he was opposed.
Willie McPherson, no address provided, stated her opposition.
Pam Johnson, no address provided, stated her opposition.
Hurston Simpson, address provided as 3621 Brown Street, stated his opposition.
Stephanie Paxton, of 2514 Booker Street, stated her opposition.
April 19, 2018
ITEM NO.: 2 (Cont.) FILE NO.: Z-9312
6
Clayton Williams, of 2524 Allis Street, chose not to speak but indicated his
opposition. Tanya Redden, of 2504 Allis Street, chose not to speak but indicated
her opposition.
When offered the opportunity to add any comments or response, Mr. Agnew did
not speak.
A motion was made to approve the application, including all staff comments and
conditions except the recommendation of denial. The motion was seconded.
The vote was 0 ayes, 9 noes and 2 absent. The application was denied.
DATE /1;t; L-I). u,10 PLANNING COMMISSION VOTE RECORD -
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Meeting Adjourned t/! )/ P.M.
April 19, 2018
There being no further business before the Commission, the meeting
was adjourned at 4:21 p.m.
Date
Secretary Chairman