pc_01 30 2020
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JANUARY 30, 2020
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Tom Brock
Craig Berry
Harold Betton
Derick Brooks
Todd Hart
Marlon Haynes
Paul Latture
Robbin Rahman
Diana Thomas
Robby Vogel
Members Absent: Scott Hamilton
City Attorney: Shawn Overton
III. Approval of the Minutes of the December 5, 2019 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JANUARY 30, 2020
4:00 P.M.
I. OLD BUSINESS:
Item Number: File Number: Title:
A. Z-5652-B Recovery Centers of Arkansas Group Care Facility –
Revised Special Use Permit
9219 Sibley Hole Road
II. NEW BUSINESS:
Item Number: File Number: Title:
1. Z-9484 Rezoning from R-3 to R-4
1705, 1709, 1719, 1919, 1921 and 1923 S. Cedar Street
2. Z-9487 Rezoning from R-2 to R-4
2112 and 2114 Wilson Road
3. Z-9488 Rezoning from R-2 to R-4
2224 and 2226 Wilson Road
4. Z-4474-A Unitarian Univeralist Church – Revised Conditional Use
Permit
1818 Reservoir Road
5. Z-6408-A St. Bartholomew Catholic Church Parish Hall –
Conditional Use Permit
1622 Marshall Street
6. Z-8898-B Phillips Duplex – Conditional Use Permit
3316 Longcoy
Agenda, Page Two
Item Number: File Number: Title:
7. Z-9485 Strong Accessory Dwelling – Conditional Use Permit
205 Ridgeway
8. Z-9486 Scott Accessory Dwelling – Conditional Use Permit
5312 B Street
9. LA-0085 STT, Inc. Tree Harvest Remediation Variance
6600 Interstate 30
January 30, 2020
ITEM NO.: A FILE NO.: Z-5652-B
Name: Recovery Centers of Arkansas Group Care Facility –
Revised Special Use Permit
Location: 9219 Sibley Hole Road
Applicant: Recovery Centers of Arkansas
Proposal: A Special Use Permit is requested to allow a group care
facility to continue operation in the existing structure on this
O-3 zoned property.
A. Public Notification:
Notice of the public hearing was sent to all owners of property located
within 200 feet of the site and the SWLR United for Progress
Neighborhood Association.
B. Staff Analysis:
On October 6, 2016, the Commission approved a special use permit to
allow a group care facility to be located in the existing building at 9219
Sibley Hole Road. The building is one of three located on this property
which is owned by the North American Baptist Association. The approval
allowed Health Resource of Arkansas to provide substance abuse
treatment/housing for up to 15 individuals.
Special Use Permits are not transferrable from owner to owner, location to
location or use to use. Recovery Centers of Arkansas is proposing to
purchase the site and to operate its group care facility/substance abuse
treatment center in the same manner as was previously approved.
No change in the type of use or number of clients is proposed.
It is the mission of Recover Centers of Arkansas to enable individuals to
live free from the abuse of alcohol and/or drugs by providing treatment
programming and other professional services within an atmosphere of
dignity and respect. Recovery Centers of Arkansas is licensed by the
Arkansas Department of Health and Human Services, Division of
Behavioral Health, Alcohol and Drug Abuse Prevention. It is accredited by
the Commission on Accreditation for Rehabilitation Facilities for alcohol
and drug services in the areas of residential treatment, outpatient
treatment and community housing.
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-5652-B
2
The site contains parking for over 50 vehicles. The existing parking
should be sufficient to serve the facility and the other buildings on the site.
Section 36-54(e) (4) of the Zoning Ordinance provides the following
provisions for group care facilities:
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.
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-5652-B
3
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.
(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.
According to an area survey, there are no other transitional-type residential
facilities within 1,500 feet of the property.
The prior approval allowed eight (8) bedrooms within the residence, with
the maximum residents per bedrooms as noted below. The total number
of residents within the home will not exceed fifteen (15).
· Bedroom (1) 624 square feet – 2 occupants
· Bedroom (2) 624 square feet – 2 occupants
· Bedroom (3) 624 square feet – 2 occupants
· Bedroom (4) 624 square feet – 2 occupants
· Bedroom (5) 624 square feet – 2 occupants
· Bedroom (6) 624 square feet – 2 occupants
· Bedroom (7) 624 square feet – 2 occupants
· Bedroom (8) 624 square feet – 1 occupant
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 15 persons is
1,550 square feet. The residential structure contains 5,474 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. All
of the proposed bedrooms will conform to this requirement.
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-5652-B
4
The applicant did not submit a bill of assurance, as the property is not
located within a subdivision.
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.
Staff is supportive of the requested special use permit to allow a group
care facility at 9219 Sibley Home Road. Staff believes that the property
at 9219 Sibley Hole Road has been an appropriate site for the proposed
transitional-type living facility. The subject property is located within an
area of mixed uses and zoning. The majority of the surrounding uses
are light industrial and heavy commercial in nature. There are also
three (3) single family residences and a church in the immediate area.
As noted previously, staff found no other similar living facilities within
1,500 feet of the site. The building proposed for residential occupancy
is located within a landscaped, campus-type area. Wooded property
surrounds the O-3 zoned property at 9219 Sibley Hole Road. Staff
believes that a group care facility for 15 residents at this location will have
no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow continuation
of a group care facility at 9219 Sibley Hole, subject to compliance with the
provisions of Section 36-54(e) (4) of the City’s Zoning Ordinance.
PLANNING COMMISSION ACTION: (DECEMBER 5, 2019)
The applicant was not present. There were no persons present registered in
support or opposition. Staff informed the commission that the applicant had
failed to complete the required notices and the item needed to be deferred.
There was no further discussion. The item was placed on the consent agenda
and deferred to the January 30, 2020 agenda. The vote was 9 ayes, 0 noes and
2 absent.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was present. There were no persons present registered in support
or opposition. Staff presented the item and a recommendation of approval as
outlined in the “staff recommendation” above. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by
January 30, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-5652-B
5
staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
January 30, 2020
ITEM NO.: 1 FILE NO.: Z-9484
Owner: City of Little Rock
Applicant: Ruby E. Dean, City of Little Rock/Land Bank
Location: 1705, 1709, 1719, 1919, 1921 and
1923 S. Cedar Street
Area: 0.6358 Acre (6 lots)
Request: Rezone from R-3 to R-4 (with conditions)
Purpose: To construct one (1) duplex on each lot.
Existing Use: Undeveloped lots
A. PUBLIC WORKS COMMENTS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of S.
Cedar Street and 20th Street.
B. PUBLIC TRANSPORTATION ELEMENT:
There is no Rock Region Metro bus route which runs along S. Cedar Street.
Route #16 (UALR Route) runs along Charles Bussey Avenue to the south and
Route #3 (Baptist Medical Center Route) runs along West 12th Street to the
north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Hope, Stephens
Area Faith and Love Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
Planning Division: The request is in the I-630 Planning District. The Land Use
Plan shows Residential Low Density (RL) for the requested areas. Residential
Low Density category provides for single family homes at densities not to exceed
6 dwelling units per acre. Such residential development is typically characterized
by conventional single family homes, but may also include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per acre.
January 30, 2020
ITEM NO.: 1 (Cont.) FILE NO.: Z-9484
2
The application is a rezoning from R-3 (Single Family District) to a R-4 (Two-
Family District) for two-family (duplex) development on these vacant parcels.
Master Street Plan: To the west is Cedar Street and it is shown as a Collector on
the Master Street Plan. To the south of the parcels in the 1900 block of Cedar is
Charles Bussey Avenue. It is 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. These streets 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.
E. STAFF ANALYSIS:
The City of Little Rock, owner of six (6) lots located at 1705, 1709, 1719, 1919,
1921 and 1923 S. Cedar Street, is requesting to rezone the lots from “R-3” Single
Family District to “R-4” Two-Family District. The total area for the six (6) lots is
0.6358 acre. The applicant is requesting R-4 zoning so that one (1) duplex
structure can be developed on each of the lots. The applicant is proposing the
following conditions for the requested R-4 zoning:
· There will be no direct vehicular access from S. Cedar Street to any of the six
(6) lots.
· All vehicular access for the three (3) lots within the 1700 block of S. Cedar
Street will be via the platted alley right-of-way along their east property lines.
· All vehicular access for the three (3) lots within the 1900 block of S. Cedar
Street will be via the platted alley right-of-way along their east property lines,
or from Charles Bussey Avenue with a future dedicated access easement
along the lots’ rear (east) property lines.
The lots are currently undeveloped. The lots are located in an area predominantly
zoned R-3, with a scattering of R-4 zoned lots and duplexes. There is some C-3
zoning at the intersections of West 18th Street and S. Pine Street, and Charles
Bussey Avenue and S. Pine Street. A POD development is located to the
northwest at West 17th Street and S. Elm Street.
The City’s Future Land Use Plan designates this property as Residential Low
Density (RL). The requested R-4 zoning does not require an amendment to the
plan.
Staff is supportive of the requested R-4 rezoning, with conditions. Staff views the
request as reasonable. The property is located in an area primarily zoned R-3,
with a scattering of other zonings and uses, including R-4 zoned lots and duplex
January 30, 2020
ITEM NO.: 1 (Cont.) FILE NO.: Z-9484
3
structures. The requested R-4 zoning will be compatible with the neighborhood
and will represent a continuation of the zoning pattern within this overall area.
Staff believes the rezoning of these lots to R-4 will have no adverse impact on the
adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning, subject to the
following conditions as offered by the applicant:
· There will be no direct vehicular access from S. Cedar Street to any of the six
(6) lots.
· All vehicular access for the three (3) lots within the 1700 block of S. Cedar
Street will be via the platted alley right-of-way along their east property lines.
· All vehicular access for the three (3) lots within the 1900 block of S. Cedar
Street will be via the platted alley right-of-way along their east property lines,
or from Charles Bussey Avenue with a future dedicated access easement
along the lots’ rear (east) property lines.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was present. There were no persons present registered in support or
opposition. Staff presented the item and a recommendation of approval as outlined in
the “staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff, including all staff
comments and conditions. The vote was 10 ayes, 0 noes and 1 absent.
January 30, 2020
ITEM NO.: 2 FILE NO.: Z-9487
Owner: Toni Duelmer
Applicant: Daniel Thomas, Elite Foam Insealators
Location: 2112 and 2114 Wilson Road
Area: 0.2945 Acre (2 lots)
Request: Rezone from R-2 to R-4
Purpose: To construct one (1) duplex on each lot.
Existing Use: Undeveloped lots
SURROUNDING LAND USE AND ZONING
North – Single family residences and duplexes (across West 22nd Street);
zoned R-2 and R-4
South – Duplexes and single family residences; zoned R-2 and R-4
East – Single family residences (across Wilson Road); zoned R-2
West – Single family residences and duplexes; zoned R-2 and R-4
A. PUBLIC WORKS COMMENTS:
1. Wilson 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. W. 22nd 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.
3. A 20 feet radial dedication of right-of-way is required at the intersection of
Wilson Road and W. 22nd Street.
4. Driveway locations and configurations will be reviewed for approval at time of
building permit review by the Public Works Department.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist
Medical Center Route) runs along Kanis Road to the north.
January 30, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-9487
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
Planning Division: The request is in the I-430 Planning District. The Land Use
Plan shows Residential Low Density (RL) for the requested areas. Residential
Low Density category provides for single family homes at densities not to exceed
6 dwelling units per acre. Such residential development is typically characterized
by conventional single family homes, but may also include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per acre.
The application is to rezoning an area from R-2 (Single Family District) to R-4
(Two-Family District) to allow the future development of duplexes on the site.
Master Street Plan: To the east is Wilson Road and to the north is West 22nd
Street. Both are 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. These streets 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.
E. STAFF ANALYSIS:
Toni Duelmer, owner of the 0.2945 acre property located at 2112 and 2114
Wilson Road, is requesting to rezone the property from “R-2” Single Family
District to “R-4” Two-Family District. The property is located at the southwest
corner of Wilson Road and West 22nd Street. The property is comprised of two
(2) lots; Lots 14 and 15, Block 2, Hick’s Interurban Addition. The rezoning is
proposed to allow the construction of one (1) duplex structure on each lot.
The property is currently undeveloped. The property has a slight slope
downward from north to south. The property is located in an area of mixed R-2
and R-4 zoning. R-4 zoned lots are located immediately to the south and
southwest. Single family lots are located to the east, north and northwest.
Additional single family residences, two-family residences and vacant lots are
located throughout this subdivision. Several older manufactured/mobile homes
are also located within this subdivision.
January 30, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-9487
3
Staff is not supportive of the requested R-4 rezoning. Staff does not view the
request as reasonable. Over the past several years, a number of the lots within
this neighborhood (between West 16th and West 24th Streets, from Aldersgate
Road to Junior Deputy Road) have been rezoned to R-4 for the development of
duplexes. As such, slightly over ten (10) percent of this neighborhood is currently
zoned R-4. Staff’s concerns relate to the changing density within this subdivision
with respect to the City’s Future Land Use Plan designation of Residential Low
Density (RL), and the subdivision’s lack of infrastructure. The streets within this
subdivision are narrow paved roadways with no curb, gutter or sidewalks. Open
ditches are located along most of the streets. Staff believes that any additional
density within this subdivision, with the increased traffic it will generate, will have
an increasingly adverse impact on this neighborhood.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
Scotty Howard was present, representing the application. There was one (1) objector
present. Staff presented items 2 and 3 simultaneously with a recommendation of
denial. The Commission discussed both items 2 and 3 simultaneously.
Ruth Bell addressed the Commission in opposition. She explained that it was most
appropriate to have single family homes in the neighborhood because of the lack of
infrastructure.
Scotty Howard addressed the Commission in support of the application. He noted
that he bought the properties as investment properties. He stated that he spoke
with several of the occupants within the neighborhood and that they were in favor
of the new duplex structures. He presented a PowerPoint presentation to the
Commission with photos of properties in the area and an interview with a current
resident of the neighborhood. He noted that there had only been two (2) traffic
accidents along Wilson Road within the past five (5) years. In response to a question
from the Commission, Mr. Howard noted that there would be one (1) duplex structure on
each of the four (4) lots.
Commissioner Berry asked about required right-of-way and possible future street
improvements for this neighborhood. Mike Hood, of Public Works, noted that the
rights-of-way throughout this neighborhood were never platted to current standards.
He explained that the streets could be classified as minor residential streets.
January 30, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-9487
4
Commissioner Vogel asked how the City decided which roadways need to be improved.
Mr. Hood explained the process which is utilized by the City. Commissioner Berry made
comments related to infrastructure and the development process. He noted that he was
in support of the applications. Commissioner Hart concurred with Commissioner Berry.
Commissioner Betton noted that the increase in density would create only minor
increase in traffic. Chairman Latture noted that he supported the applications.
There was a motion to approve item 2, the requested rezoning for 2112 and 2114
Wilson Road. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The
application was approved.
There was a second motion to approve item 3, the requested rezoning for 2224 and
2226 Wilson Road. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The
application was approved.
January 30, 2020
ITEM NO.: 3 FILE NO.: Z-9488
Owner: Elite Foam Insealators, LLC
Applicant: Daniel Thomas
Location: 2224 and 2226 Wilson Road
Area: 0.31 Acre (2 lots)
Request: Rezone from R-2 to R-4
Purpose: To construct one (1) duplex on each lot.
Existing Use: Three (3) older mobile home structures
SURROUNDING LAND USE AND ZONING
North – Single family residences and duplexes; zoned R-2 and R-4
South – Single family residence (manufactured home); zoned R-2
East – Single family residences and auto towing business (across Wilson Road);
zoned R-2 and PD-C
West – Single family residences and duplexes; zoned R-2 and R-4
A. PUBLIC WORKS COMMENTS:
1. Wilson 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. Driveway locations and configurations will be reviewed for approval at time of
building permit review by the Public Works Department.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Bus Route #3 (Baptist
Medical Center Route) runs along Kanis Road to the north.
January 30, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-9488
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes “A” and Twin Lakes “B” Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
Planning Division: The request is in the I-430 Planning District. The Land Use
Plan shows Residential Low Density (RL) for the requested areas. Residential
Low Density category provides for single family homes at densities not to exceed
6 dwelling units per acre. Such residential development is typically characterized
by conventional single family homes, but may also include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per acre.
The application is to rezoning an area from R-2 (Single Family District) to R-4
(Two-Family District) to allow the future development of duplexes on the site.
Master Street Plan: To the east is Wilson Road and it is 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.
E. STAFF ANALYSIS:
Elite Foam Insealators, LLC, owner of the 0.31 acre property located at 2224 and
2226 Wilson Road, is requesting to rezone the property from “R-2” Single Family
District to “R-4” Two-Family District. The property is located on the west side of
Wilson Road, south of West 22nd Street. The property is comprised of two (2)
lots; Lots 23 and 24, Block 2, Hick’s Interurban Addition. The rezoning is
proposed to allow the construction of one (1) duplex structure on each lot.
The property currently contains three (3) older single-wide manufactured home
structures. One (1) paved driveway from Wilson Road serves as access to the
three (3) residences. The property has a slight slope downward from west to
east.
January 30, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-9488
3
The property is located in an area of mixed R-2 and R-4 zoning. R-4 zoned
lots are located to the north and southwest. Single family lots are located to
the east, west and south. Additional single family residences, two-family
residences and vacant lots are located throughout this subdivision. Several
older manufactured/mobile homes are also located within this subdivision.
Staff is not supportive of the requested R-4 rezoning. Staff does not view the
request as reasonable. Over the past several years, a number of the lots within
this neighborhood (between West 16th and West 24th Streets, from Aldersgate
Road to Junior Deputy Road) have been rezoned to R-4 for the development of
duplexes. As such, slightly over ten (10) percent of this neighborhood is
currently zoned R-4. Staff’s concerns relate to the changing density within this
subdivision with respect to the City’s Future Land Use Plan designation of
Residential Low Density (RL), and the subdivision’s lack of infrastructure. The
streets within this subdivision are narrow paved roadways with no curb, gutter or
sidewalks. Open ditches are located along most of the streets. Staff believes
that any additional density within this subdivision, with the increased traffic it will
generate, will have an increasingly adverse impact on this neighborhood.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
Scotty Howard was present, representing the application. There was one (1) objector
present. Staff presented items 2 and 3 simultaneously with a recommendation of
denial. The Commission discussed both items 2 and 3 simultaneously.
Ruth Bell addressed the Commission in opposition. She explained that it was most
appropriate to have single family homes in the neighborhood because of the lack of
infrastructure.
Scotty Howard addressed the Commission in support of the application. He noted
that he bought the properties as investment properties. He stated that he spoke
with several of the occupants within the neighborhood and that they were in favor
of the new duplex structures. He presented a PowerPoint presentation to the
Commission with photos of properties in the area and an interview with a current
resident of the neighborhood. He noted that there had only been two (2) traffic
accidents along Wilson Road within the past five (5) years. In response to a question
from the Commission, Mr. Howard noted that there would be one (1) duplex structure on
each of the four (4) lots.
January 30, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-9488
4
Commissioner Berry asked about required right-of-way and possible future street
improvements for this neighborhood. Mike Hood, of Public Works, noted that the
rights-of-way throughout this neighborhood were never platted to current standards.
He explained that the streets could be classified as minor residential streets.
Commissioner Vogel asked how the City decided which roadways need to be improved.
Mr. Hood explained the process which is utilized by the City. Commissioner Berry made
comments related to infrastructure and the development process. He noted that he was
in support of the applications. Commissioner Hart concurred with Commissioner Berry.
Commissioner Betton noted that the increase in density would create only minor
increase in traffic. Chairman Latture noted that he supported the applications.
There was a motion to approve item 2, the requested rezoning for 2112 and 2114
Wilson Road. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The
application was approved.
There was a second motion to approve item 3, the requested rezoning for 2224 and
2226 Wilson Road. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The
application was approved.
January 30, 2020
ITEM NO.: 4 FILE NO.: Z-4474-A
NAME: Unitarian Universalist Church – Revised Conditional
Use Permit
LOCATION: 1818 Reservoir Road
OWNER/APPLICANT: Daniel Danielson/Owner
McClelland Engineers/Applicant
PROPOSAL: A conditional use permit is requested to allow for
expansion of the existing church building located on
the R-2 zoned, 4.80 acre tract.
STAFF ANALYSIS:
On December 19, 2019, the applicant requested deferral of this item to allow for
consideration of possible changes to the proposal. Staff supports the deferral
request.
STAFF RECOMMENDATION:
Staff recommends deferral of the item to the March 12, 2020 Commission
agenda.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicants were not present. There were no other persons registered in
attendance. Staff presented the item and the recommendation of deferral.
There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the March 12, 2020 meeting. The vote was 10 ayes,
0 noes and 1 absent.
January 30, 2020
ITEM NO.: 5 FILE NO.: Z-6408-A
NAME: St. Bartholomew Catholic Church Parish Hall –
Conditional Use Permit
LOCATION: 1622 Marshall Street
OWNER/APPLICANT: Catholic Diocese of Little Rock/Owner
Woods Group Architects/Applicant
PROPOSAL: A conditional use permit is requested to allow for
construction of a Parish Hall and a parking lot
adjacent to the existing church on this R-3 zoned
property.
STAFF ANALYSIS:
The property is located in the Central High Design Overlay District. It has been
determined that there is at least one variance form the DOD standards. As such,
the CUP application needs to be withdrawn and the item refiled as a Planned
Development. The applicant concurs.
STAFF RECOMMENDATION:
Staff recommends withdrawal of the conditional use application.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was not present. There were no other persons registered in
attendance. Staff presented the item and the recommendation of withdrawal.
There was no further discussion. The item was placed on the consent agenda
and approved for withdrawal. The vote was 10 ayes, 0 noes and 1 absent.
January 30, 2020
ITEM NO.: 6 FILE NO.: Z-8898-B
NAME: Phillips Duplex– Conditional Use Permit
LOCATION: 3316 Longcoy Street
OWNER/APPLICANT: Stanley Phillips
PROPOSAL: A conditional use permit is requested to allow .for
construction of a single duplex residential building and
parking on this R-3 zoned lot.
1. SITE LOCATION:
The site is located on the west side of Longcoy Street, between W. 33rd
and W. 34th Streets; one half block east of John Barrow Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is on the edge of a primarily-single family residential
neighborhood. Adjacent to the west are the commercially zoned and
occupied properties which front onto John Barrow Road. Two duplex
residential structures are adjacent to the south (also owned by this
applicant). There is a scattering of other duplexes in the general area. The
duplexes provide a good transition from the single family properties to the
commercial properties. Notice of the public hearing was sent to all owners
of properties located within 200 feet of the site and the John Barrow
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Each unit of the duplex is required to have 1.5 parking spaces. The
applicant is proposing to place 4 paved parking spaces in the front of the
property with access off of one single driveway.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS:
1. Longcoy St. is classified on the Master Street Plan as a residential
street. A dedication of right-of-way 25 feet from centerline will be
required.
January 30, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-8898-B
2
2. The south radius of the driveway should be extend beyond the
extension of the side property line to the street.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer Available to this Site.
Entergy:
Entergy does not object to this proposal. There does not appear to be any
conflicts with existing electrical utilities at this location. Contact Entergy in
advance to discuss electrical service requirements, or adjustments to
existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comments.
AT&T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at
the time of request for water service must be met.
Fire Department:
Full plan review
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.
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.
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
January 30, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-8898-B
3
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.
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:
NOTE: Duplex fire separation is required. 1 hour fire wall to the attic and
smoke wall in the attic space.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (December 23, 2019)
The applicant was present. Staff presented the item and noted no additional
information was needed. Staff stated they would recommend that the applicant
replat this lot (lot 4) and the lot adjacent to the south (lot 2R) moving the common
lot line five feet to the south so as to provide a five foot setback for this lot. The
applicant agreed. . It was noted that the proposed site plan indicated the required
right-of-way dedication and moving the lot line would address public works’
concern about the driveway radius.
Comments from the other departments and reviewing agencies were noted.
The committee determined there were no other issues and forwarded the item to
the full commission.
January 30, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-8898-B
4
STAFF ANALYSIS:
The applicant is requesting approval of a CUP to allow for construction of a new
duplex residential structure on this R-3 zoned lot. The applicant has developed
two duplex structures on the lots adjacent to the south. On May 9, 2019, the
commission approved a conditional use permit to allow the applicant to construct
a storage building on this lot to serve as storage space for the residents of the
adjacent two duplex residential structures. He did not construct the storage
building and has chosen to pursuer approval of this new conditional use permit.
The one-story structure will be approximately 2,300 square feet in size, split
between two equally-sized dwelling units. The thermal insulated, wood-framed
structure will be clad with vinyl siding, vinyl clad thermal glazed windows and a
hip roof clad with asphalt shingles.
The applicant is proposing to construct a four-space paved parking area in front
of the building, as he did for the lots to the south.
Staff is supportive of the proposed CUP. This site, at the edge of the residential
neighborhood and adjacent to the commercial properties along John Barrow
Road, is an appropriate location for the duplexes. Required parking is being
provided.
Staff does recommend that the applicant replat this lot (lot 4) and the lot adjacent
to the south (lot 2R), moving the common lot line five feet to the south. Lot 2R is
wide enough to allow for the loss of the five feet and still provide a 13.5 foot
setback on that side. Re-platting the lots will provide for a five foot setback for the
proposed structure on lot 4, as it will increase that lot’s width to 52.8 feet.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
and the staff analysis in the agenda staff report.
2. This lot (lot 4) and the adjacent lot to the south (lot 2R) are to be re-platted so
as to move the common lot line five feet to south, providing a five foot side
yard for the proposed duplex on lot 4.
January 30, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-8898-B
5
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was present. There were no other persons registered in
attendance. Staff presented the item and a recommendation of approval as
outlined in the “staff recommendation” above. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by
staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
January 30, 2020
ITEM NO.: 7 FILE NO.: Z- 9485
NAME: Strong Accessory Dwelling – Conditional Use Permit
LOCATION: 205 Ridgeway
OWNER/APPLICANT: Aaron and Anna Strong/ Owners and Applicants
PROPOSAL: A conditional use permit is requested to allow an
accessory dwelling on the second floor of a two-story
accessory structure. The ground floor will contain a
garage. The property is zoned R-3.
1. SITE LOCATION:
The site is located on the east side of Ridgeway, one block north of W.
Markham Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood that is primarily single family in
zoning and use. Higher density properties are located about two blocks
to the south and east, on Markham and Kavanaugh respectively. There
are other accessory dwellings in the area around this site; some
approved through the action of the planning commission and some being
non-conforming. This proposed accessory structure with a second floor
accessory dwelling is to replace one that, according to the applicant, has
existed for many years. The applicant states the purpose of the accessory
dwelling is to serve visiting family and friends. Staff believes the proposed
accessory dwelling is compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Hillcrest and Save Hillcrest Neighborhood
Associations.
3. ON SITE DRIVES AND PARKING:
The principal dwelling and proposed accessory dwelling each require one
on-site parking space. The site contains a paved driveway and parking
area off of the street. The accessory structure will contain a two-car garage
with access off of the alley.
4. SCREENING AND BUFFERS:
No comments.
January 30, 2020
ITEM NO.: 7 (Cont.) FILE NO.: Z- 9485
2
5. PUBLIC WORKS:
No comments.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer Available to this Site.
Suggest not building over existing sewer service line.
Entergy: No comment.
Entergy objects to this proposal. The proposed 2 story building will not
comply with the NESC clearances; the building will be too close to existing
primary lines in the alley. Also, OSHA requires a 10’ minimum clearance
for construction. Contact Entergy in advance to discuss electrical service
requirements, or adjustments to existing facilities.
Centerpoint Energy: No comment.
AT&T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at
the time of request for water service must be met.
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.
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.
January 30, 2020
ITEM NO.: 7 (Cont.) FILE NO.: Z- 9485
3
Building Codes:
NOTE: 2nd floor occupancy must have 1 hour fire separation from lower
level garage. Both Levels require Smoke Detectors, Carbon Monoxide
Detection and Fire Extinguishers. Egress must be direct to the outside
from the 2nd floor by either an exterior stair or a protected fire rated stair
down to the first floor with an exterior door in the lower level stair
enclosure.
7. TRANSPORTATION/PLANNING:
County Planning: No comments.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (December 23, 2019)
The applicant was present. Staff presented the item and noted little additional
information was needed. In response to a question, the applicant stated he would
prefer not to have separate utilities, if possible. Staff informed the committee that
the accessory dwelling was proposed for occupancy only by visiting family and
friends and that it would not be rented or leased or used as a permanent
residence for anyone.
Staff made note of Entergy’s objection due to the proximity of power lines in the
alley. The applicant stated he was working with Entergy staff to resolve their
concern and to come up with an alternative; burying the line, relocating the line or
moving the proposed accessory building.
Comments from the other departments and reviewing agencies were noted.
The committee determined there were no outstanding issues and forwarded the
item to the full commission.
________________________________________________________________
STAFF ANALYSIS:
The R-3 zoned property located at 205 Ridgeway is occupied by a 1 ½ story
stucco and frame, single family residence. A two story accessory structure has
recently been removed. That structure contained garage space on the ground
floor and living area on the second floor. The applicants had hoped to remodel
the existing structure but it was not structurally sound. The applicants are
requesting approval of a conditional use permit to allow for construction of a new,
January 30, 2020
ITEM NO.: 7 (Cont.) FILE NO.: Z- 9485
4
two-story accessory structure that will contain a two-car garage on the ground
floor and an accessory dwelling on the second floor. The exterior finishes of the
new structure are to match the house and blend with the architectural style of the
neighborhood. The new accessory structure is similar in size as the previous
building and is proposed to be built in the approximately the same location.
The accessory dwelling is proposed to be used only for visiting family and
friends. It will not be rented or leased and will not be used as a permanent
residence for anyone. Approval of this CUP will not allow either dwelling unit to
be utilized for short-term rental (Airbnb type use).
The site is located in the Hillcrest Design Overlay District. Staff has reviewed the
site and the proposed new accessory building for compliance with the DOD
standards. The proposed project complies with the standards.
Staff is supportive of the proposed CUP. The structure will basically replace one
that has historically been on the site. Use of the accessory dwelling is limited to
friends and family and serves as an extension of the principal dwelling. Sufficient
parking is provided. The 1910 plat/bill of assurance for Midland Hills Addition
does not address use issues.
The applicant continues to work with Entergy regarding location of the proposed
two story structure in relation to the power lines in the alley. If necessary, the
structure can be moved farther away from the rear property line (alley). That
issue will have to be resolved prior to requesting a building permit.
STAFF RECOMMENDATION:
Staff recommends approval of the CUP subject to compliance with the comments
and conditions outlined in Sections 4, 5 and 6 and the staff analysis in the
agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was present. There were no other persons registered in attendance.
Staff presented the item and a recommendation of approval as outlined in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff, including
all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent.
January 30, 2020
ITEM NO.: 8 FILE NO.: Z-9486
NAME: Scott Accessory Dwelling – Conditional Use Permit
LOCATION: 5312 “B” Street
OWNER/APPLICANT: Steven and Shirley Scott/Owners and Applicants
PROPOSAL: A conditional use permit is requested to allow for
conversion of an existing accessory structure into an
accessory dwelling. The property is zoned R-3.
1. SITE LOCATION:
The site is located on the north side of “B” Street, between Harrison and
Tyler Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the southern edge of a residential neighborhood
which contains a mixture of dwelling types, single family and duplex.
There are other accessory dwellings in the area as well. The property
is well located to provide housing for students and employees at
St. Vincent’s, UAMS and the VA Hospital.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Hillcrest and Save Hillcrest
Neighborhood associations.
3. ON SITE DRIVES AND PARKING:
Each dwelling unit is required to have one one-site parking space. The site
contains a paved driveway and parking area off of the street as well as a
two-car gravel parking pad off of the alley.
4. SCREENING AND BUFFERS:
No comments.
5. PUBLIC WORKS:
1. Reservoir Road is classified on the Master Street Plan as a minor
arterial with special design standards. Verify right-of-way has been
dedicated to 45 feet from centerline. If right-of-way is insufficient,
dedication should be provided.
January 30, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-9486
2
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer Available to this Site.
Entergy:
Entergy does not object to this proposal. There does not appear to be any
conflicts with existing electrical utilities at this location. Contact Entergy in
advance to discuss electrical service requirements, or adjustments to
existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comment.
AT&T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at
the time of request for water service must be met.
Fire Department: No comment.
Building Codes:
NOTE: Garage area must have separation via fire wall/smoke wall from
dwelling unit. Smoke Detector / Carbon Monoxide detector / Fire
Extinguisher required.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (December 23, 2019)
The applicants were present. Staff presented the item and noted little additional
information was needed. The applicants were advised to provide a parking plan.
They stated there was a parking pad accessed off of the alley as well as a
driveway and parking area off of the street. In response to a question, the
applicants stated it was their desire to not do separate utilities, if it was possible.
January 30, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-9486
3
Staff made note of the variance to allow neither dwelling to be occupied by the
property owners, as they will both be rental units.
The comments from the other departments and reviewing agencies were noted.
The committee determined there were no other issues and forwarded the item to
the full commission.
STAFF ANALYSIS:
The R-3 zoned lot located at 5312 B Street is occupied by a one-story, frame,
single family dwelling and a detached one-story, frame garage structure. The
applicants are requesting approval of a conditional use permit to allow for
conversion of the detached garage structure into a studio apartment (accessory
dwelling). Once renovated, the structure will contain an open living/ bedroom
area, compact kitchen and a bathroom.
Both the principal dwelling and the proposed accessory dwelling are to be rental
units. Section 36-252. (a) (3) states, in the R-2 and R-3 districts, one of the
dwelling units is to be occupied by the property owner. A variance is requested to
allow both units to be rental. Staff is supportive of this request. The property is
well situated to provide dwellings for staff and students at St. Vincent, UAMS and
the VA Hospital. The neighborhood around the site contains a mixture of single
family and two family dwellings. There are other accessory dwelling in the area
as well.
Parking is provided for both units; including a paved driveway and a parking area
off of the street and a gravel parking pad off of the alley.
To staff’s knowledge, there are no outstanding issues. The 1921 plat/bill of
assurance for Pfeifer’s Addition does not address use issues. Approval of this
CUP will not allow either dwelling unit to be utilized for short-term rental (Airbnb
type use).
STAFF RECOMMENDATION:
Staff recommends approval of the CUP subject to compliance with the comments
and conditions outlined in Sections 4, 5 and 6 and the staff analysis in the
agenda staff report. Staff recommends approval of a variance to allow neither
dwelling to be occupied by the property owners.
January 30, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-9486
4
PLANNING COMMISSION ACTION: (JANUARY 30, 2020)
The applicant was present. There were no other persons registered in attendance.
Staff presented the item and a recommendation of approval as outlined in the
“staff recommendation” above. There was no further discussion. The item was
placed on the consent agenda and approved as recommended by staff, including
all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent.
January 30, 2020
ITEM NO.: 9 FILE NO.: LA-0085
NAME: STT, Inc. Tree Harvest Remediation Variance
LOCATION: 6600 I-30
APPLICANT: STT, Inc.
APPLICANT’S REPRESENTATIVE: Russ Fletcher
AREA: Approximately 4 acres
CURRENT ZONING: I2
VARIANCES/WAIVERS REQUESTED: A variance from Sec. 29-196 of the Land
Alteration Regulations land restoration requirements to replant trees and shrubs in
conformance with the landscape and buffer requirements.
A. PROPOSAL/REQUEST:
The applicant is requesting a variance from Sec. 29-196 of the Land Alteration
Regulations land restoration requirements to replant trees and shrubs in
conformance with the landscape and buffer requirements for I2 zoned property.
The property owner removed a substantial # of trees on the 4 acre property at
6600 I-30 without obtaining a grading permit prior to commencing the work.
The owner recently purchased the property and wrote the trees had been
neglected for 20 years. A severe storm with high winds recently with through the
area that caused tree and building damage. Some trees were leaning over the
aboveground compressed gas lines and electrical lines. The owner wrote he felt
it was necessary to remove the damaged trees to protect his property and the
neighbor’s property from further damage along with reducing the chance of a gas
explosion.
The applicant proposes to replant 5 oak trees with the existing trees for a total of
11 trees along the I-30 frontage. In addition, the applicant proposes to plant
3 azalea shrubs and 70 boxwood shrubs within the I-30 frontage to comply with
the landscape and buffer requirements for I2 properties surrounded by other
I2 properties.
B. EXISTING CONDITIONS:
The approximately 4.0 acre property is developed with one (1) main
warehouse/garage building surrounded by asphalt parking on the north, south
and west. A 36 ft. wide tree covered buffer was provided along the west property
January 30, 2020
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0085
2
line with 6 and 8 ft. wide strips along the north and south property lines. The
most substantial grassed area was on the east side of building adjacent to I-30.
The property was previous used by a logistic and truck maintenance repair
center.
East of the subject property is the I-30 frontage road and then the main traffic
lanes of I-30. Properties on the north, west, and south are developed I2 zoned
properties. The western half of the property to the south is tree covered.
C. NEIGHBORHOOD COMMENTS:
At 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. Staff has not received inquiries into the application from
adjacent property owners.
D. ENGINEERING COMMENTS:
1. The proposed trees and shrubs should be planted in a recommended planting
method and time of the year. Trees should not be planted after April due to
summer dry weather conditions.
2. Temporary irrigation should be provided to promote and maintain tree and
shrub growth throughout the first year.
3. If trees or shrubs do not survive due to weather conditions or disease, they
should be replanted at owner’s expense.
4. A list of adjacent properties should be compiled and certified by a licensed
abstract company. Certified mail notice of all appeals shall be given by the
applicant to adjacent property owners, including those across a street or alley
from the subject property at least 10 days prior to the planning commission
meeting at which the appeal is to be considered.
5. At least 3 business days prior to the hearing, the appellant shall provide proof
of notice to Public Works. Failure to provide the required notice will cause the
appeal to the planning commission to be dismissed, although minor
irregularities in the giving of notice may be waived by the commission.
E. PLANNING STAFF COMMENTS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
2. Properties zoned I2 require that landscape code requirements are to be met
within the front yard setback and adjacent to any street right-of-way.
January 30, 2020
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0085
3
3. Screening requirements will need to be met for the vehicular use areas
adjacent to street rights-of-way. Provide screening shrubs with an average
linear spacing of not less at 3 ft. within the required landscape area. Provide
trees with an average linear spacing of not less than 30 ft.
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. This strip shall
be at least 9 ft. wide. One (1) tree and 3 shrubs of vines shall be planted for
every 30 linear feet of perimeter planting strip.
5. Existing trees can be used to meet the minimum requirements if size,
species, and protection measures are noted on the plan.
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 6 inch caliper or larger.
F. SUBDIVISION COMMITTEE:
The applicant was not present representing the application. Staff presented an
overview of the variance application to the committee. There was no further
discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
G. ANALYSIS:
Sec. 29-196 of the Land Alteration Regulations requires one (1) tree to be
replanted for every 750 sf of the area of violation with an average linear spacing
of not less than 30 ft. with at least 2 inch caliper nursery or farm grown trees of
the same species as those removed. The applicant is requesting a variance from
Sec. 29-196 of the Land Alteration Regulations land restoration requirements to
replant trees and shrubs in conformance with the landscape and buffer
requirements for I2 zoned property.
Due to the existing I2 zoning of the property and the similar zoning of the
adjacent properties, the applicants proposes to plant 5 oak trees of 2 inch caliper
or larger with the existing trees for a total of 11 trees along the I-30 frontage. In
addition, the applicant proposes to plant 3 azalea shrubs and 70 boxwood shrubs
along the I-30 frontage of the property to comply with the landscape and buffer
code requirements.
H. RECOMMENDATION:
Staff recommends approval of the variance from Sec. 29-196 of the Land
Alteration Regulations land restoration requirements to replant trees and shrubs
in conformance with the landscape and buffer requirements as shown on the
January 30, 2020
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: LA-0085
4
submitted remediation and planting plan subject compliance with staff comments
and conditions as found in paragraphs D and E. Staff believes due to the zoning
of the area and city codes, trees are not required to be planted adjacent to the
north, south, and west property lines but the frontage along I-30 should be
planted to meet the landscape and buffer code requirements.
I.PLANNING COMMISSION ACTION:(JANUARY 30, 2020)
The applicant was present. There were no other persons registered in
attendance. Staff presented the item and a recommendation of approval as
outlined in the “staff recommendation” above. There was no further discussion.
The item was placed on the consent agenda and approved as recommended by
staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
DATE �tr}-JVAt€µl02-0
PLANNING COMMISSION VOTE RECORD
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Meeting Adjourned 4 � S 0 P.M.
January 30, 2020
There being no further business before the Commission, the meeting
was adjourned at 4:36 p.m.
Date
Secretary Chairman