pc_09 24 2020
LITTLE ROCK PLANNING COMMISSION
SUMMARY AND MINUTE RECORD
SEPTEMBER 24, 2020
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being nine (9) members present.
II. Members Present: Harold Betton
Derick Brooks
Scott D. Hamilton
Todd Hart
Marlon D. Haynes
Paul Latture
Robbin Rahman
Diana M. Thomas
Robby Vogel
Members Absent: Craig Berry
Thomas Brock
City Attorney: Sherri Latimer
III. Approval of the Minutes of the July 16, 2020 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
AGENDA
SEPTEMBER 24, 2020
OLD BUSINESS:
Item Number: File Number: Title:
A. Z-9500 Goodwin Manor Long-form PCD
3708 Garrison Road
B. Z-9508 Posh Automotive Short-form PCD
8900 Colonel Glenn Road
NEW BUSINESS:
Item Number: File Number: Title:
1. S-1877 QuikTrip 7211 – Preliminary Plat
I-30 at Otter Creek Road
2. Z-4807-R Lot 1, Wellington Park – PD-O
2113 Wellington Village Road
3. Z-7500-G Hamilton Apartments – PD-R
Immediately north of 14524 – 14810 Cantrell Road
4. Z-8411-A Harrell Rooming – Boarding House/Bed and
Breakfast – PRD
3221 West Markham Street
5. Z-9524 Woodland Park – PRD
13701 Kanis Road
6. Z-9525 Mountain Park Addition – PRD
Northeast and Northwest corners of N. Taylor Street and
“P” Street
Agenda Page, Two
NEW BUSINESS: (CONTINUED)
Item Number: File Number: Title:
7. Intent to zone Southeast Planning Area
8. Z-567-A Rezoning from I-2 to R-4
1800 East 3rd Street
9. Z-5096-D Rezoning from PCD to O-3 and C-3
Southeast and Southwest corners of Kanis Road and
Woodlands Trail
10. Z-9530 Rezoning from AF to R-4
4920 Frazier Pike
11. Z-3457-A Riverwalk Properties Duplexes – PRD
Southwest corner of East 17th Street and Cumberland Street
12. Z-4933-J Splash Carwash and Oil – Revised PCD
15707 Chenal Parkway
13. Z-8089-A Butler Minor Auto Repair – PCD
12601 Alexander Road
14. Z-9529 Ali Duplexes – PRD
7520 N. Chicot Road
15. LA-0056-B Colonel Glen – Lawson Road Advanced Grading Variance
Renewal
Northwest corner of Colonel Glenn Road and Lawson Road
16. LA-0088 15122 Cantrell Road Advanced Grading Variance
15122 Cantrell Road
17. LA-0089 Parkland Heights Advanced Grading Variance
East side of Chenonceau Blvd., North of Highway 10
September 24, 2020
ITEM NO.: A FILE NO.: Z-9500
NAME: Goodwin Manor Long-form PCD
LOCATION: 3708 Garrison Road
DEVELOPER:
Gary & Andrea Goodwin
3708 Garrison Road
Little Rock, AR 72223
501-590-4560
OWNER/AUTHORIZED AGENT:
Gary S. & Andrea R. Goodwin /Owners
SURVEYOR/ENGINEER:
Michael Johnston/Surveyor
AREA: 5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 30 CENSUS TRACT: 42.02
CURRENT ZONING: R-2, Single-Family Residential District
ALLOWED USES: Single-Family Residential
PROPOSED ZONING: PCD, Planned Commercial Development
PROPOSED USE: Single-Family Residence with accessory Event Center
VARIANCE/WAIVERS:
BACKGROUND:
This property is has been the residence of the applicants for approximately 25 years. For
several years recently they have allowed a portion of their home and property to be used
to host charitable events and weddings on a limited basis.
September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
The property is located within the city’s extra-territorial jurisdiction and is zoned R-2,
Single-Family district.
A zoning violation notice sent to the applicants in October 2019 made them aware that
the operation of an event center was not allowed on a property zoned R-2. They have
since been reaching out to address how to comply with the ordinance and to continue to
have limited events as an accessory use of their property.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
On October 14, 2019, the property owners received a Notice of Violation for
operating an event center in a residentially-zoned property. Since that time, the
owners have been working with various representatives of the City of Little Rock
in an earnest attempt to address the notice.
The applicant’s family has owned the property since 1995 and has used it as their
home where they have raised and continue to raise their children.
On a limited number of occasions, generally 12-15 events in a given year, in order
to assist in deferring the upkeep costs of their home, the applicants have allowed
private parties to utilize the property. Like many other homeowners, they have
allowed their property to be allowed for charitable events, hosting the Arkansas
Children’s Hospital, University of Arkansas for Medical Sciences, 20th Century
Club, Miss High School Collegiate, Arkansas Baptist, Women and Children’s First,
Pulaski Academy, Juvenile Diabetes Research Foundation, Children’s Advocacy
Centers, Arkansas Woman of Inspiration, Pulaski Tech and others. Additionally,
the applicants have allowed for a limited number of weddings, usually no more
than 15-20 times in a year, to be hosted at their home.
No more than five rooms of the home are utilized for these charity events and
weddings.
Access to our property of approximately 80 acres is via a private road and traffic
is limited.
B. EXISTING CONDITIONS:
The subject property is a portion of the land owned by the applicants.
The surrounding area is rural in character and contains single-family homes on
larger acreage tracts.
Vehicular access to the site is via easement to Garrison Road. Access to Kanis
Road from the property is also shown on the survey provided; however, this access
is typically gated and not used by the applicants.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several calls, emails, and letters from
neighboring property owners who have expressed concern and opposition to the
request. The commenters have stated concerns about noise, traffic, and safety.
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Citizens of West Pulaski County.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Kanis Road is classified on the Master Street Plan as a principal arterial.
A dedication of right-of-way 55 feet from centerline will be required if the
property is within the ETJ.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Outside Service Boundary – No Comment.
Entergy:
Entergy does not object to this proposal. Entergy has existing service to this
location. 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 comment received.
Central Arkansas Water:
All Central Arkansas Water requirements in effect at the time of request for water
service must be met.
A water main extension will be needed to provide water service to this property.
If water is desired, please submit plans for water facilities and/or fire protection
services to CAW for review. Plan revisions may be required after additional review.
Contact CAW regarding procedures for installation of water facilities and/or fire
service. Approval of plans by the Arkansas Department of Health Engineering
Division and Little Rock Fire Department is required.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
Fire Department:
Full Plan review
Parks and Recreation: No comment received.
County Planning: No comment received.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is a change in occupancy and is therefore subject to current building code
requirements. Review and approval is required by Building Codes Division before
occupancy takes place. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape: No comment.
G. TRANSPORTATION/PLANNING:
Planning Division: The request is in the Buzzard Mountain Planning District. The
Land Use Plan shows Residential Low Density (RL) for the requested area. The
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 change an area from R-2 (Single Family
District) to PCD (Planned Commercial Development) District to allow an events
center to be within an existing residence.
Master Street Plan: To the northeast is Garrison Road and it is shown as a Minor
Arterial on the Master Street Plan. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to minimize
negative effects of traffic and pedestrians on Garrison Road since it is a Minor
Arterial. This street may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
H. SUBDIVISION COMMITTEE COMMENT: March 11, 2020
The applicant was present. Staff presented the item to the committee. Planning
staff requested information on the location and dimension of any proposed
permanent structures associated with the event center, any proposed signage, and
the proposed days and hours of operation.
The applicant was also informed ADA access would be required for the public
portions of the home used as the event center and parking.
The Public Works comment regarding dedication of right-of-way for Kanis Road
was discussed and found to be unrelated to this request.
The applicant was advised responses and revisions are to be received by
March 18, 2020. The committee forwarded the item to the full commission.
I. ANALYSIS:
A revised site plan and comment responses were provided by the applicant.
The applicant indicated weddings are typically on Saturdays and are concluded by
10 pm in order to comply with the Pulaski County noise ordinance and out of
respect for neighbors. Other events are usually in the early evenings on
weeknights and also are over by 10 pm. Occasionally, there are luncheons on
weekdays. Staff would suggest hours of operation for the event center be Monday
through Saturday between 9 am and 10 pm. The applicant stated they do not allow
the use of their home during holidays.
No signage is planned by the applicants to identify the event center use.
The revised site plan shows a possible future 40-foot by 80-foot outbuilding located
near the parking area.
The parking area is unimproved and is situated on either side of the asphalt drive
leading up to the home.
Three ADA van-accessible parking spaces are provided, as well as two additional
ADA spaces on asphalt near the entrance to the home. The applicants state there
are wide handicap entry doors on the front of the home with a ramp provided as
necessary. Guests are limited to the first floor of the home. Restroom doors are
wide and the space is large enough to accommodate wheelchairs.
It appears all technical issues have been addressed.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
Staff would suggest the following conditions:
1. The event center use is secondary to the residential use of the home;
2. The use of the property will revert back to single-family use should the
ownership of the property be transferred from the current owners;
3. The days and hours of operation of the event center are limited to Monday
through Saturday between the hours of 9 am and 10 pm;
4. No additional permanent structures are allowed other than the single proposed
outbuilding shown on the site plan;
5. The event center shall be operated in compliance with the Pulaski County
Noise Ordinance;
6. No more than 200 guests will be allowed at any single event.
7. Ensure ADA standards for parking, access and restrooms are addressed as
applicable to this facility.
J. STAFF RECOMMENDATION:
Staff recommends approval of the PCD subject to compliance with the comments
and conditions outlined in paragraphs D, E, and F and the staff analysis in the
agenda staff report.
PLANNING COMMISSION ACTION: (MAY 14, 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
next scheduled meeting. The vote was 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on August 18, 2020 agreeing to have the PCD
zoning conditioned upon the ownership and occupancy of the property by Gary and
Andrea Goodwin. If the Goodwins ever sell or vacate the property the PCD zoning will
become null and void, with the property reverting back to its original R-2 Single Family
Residential zoning and use. The applicant has also noted that hours of operation will
include occasional Sunday events with hours limited to 10:00 a.m. to 9:00 p.m.
Otherwise, to staff’s knowledge there are no outstanding issues associated with this
application. Staff continues to support the application.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was present with an authorized agent representing the application. There
were no supporters and five (5) registered objectors. Staff presented the application with
a recommendation for approval.
Mr. Andrew Francis, P.A. addressed the Commission in support of the application. He
stated that his clients have lived in the Ferndale Neighborhood for a couple of decades.
They have operated their weddings and other charitable events for about six (6) years.
These events occur no more than once a weekend with the weddings occurring on a
weekend and the charitable dinners one time during the week with an occasional weeding
during the week. Mr. Francis explained that a part of the issue is the location’s
designation as a commercial venue. Originally, the clients approached the Staff with the
intent to operate as a Home Occupation, Licensed Designation. Staff advised that the
property will be better placed as a commercial development. However, his client does
not see this as a commercial development. They see themselves as part of the
community in Ferndale. As Staff has stated, this is only a secondary use to their home.
There has been some issue with the access to this property. It is situated over an
easement which runs from Kanis Road, north to the client’s property to Garrison Road.
The neighbors hired an attorney who sent a demand letter which is included in the
information submitted to the Board. The demand was for the Goodwin’s to stop using the
easement for any commercial purposes. A copy of the easement has been provided.
The dispute over the easement has caused some people to create an issue of this use of
the property. Mr. Francis stressed that the important point is that this is only a temporary
use, secondary to the Goodwin’s home. Once the home is sold, it will revert to its original
residential zoning. The scope of this property is enormous consisting of 80 acres.
The clients have built a gate at the south end of their property which is situated over the
easement. This gate is closed during the event to prevent travel down the easement to
the neighbor’s property. Traffic is accessed through Garrison, Kanis and Ferndale Cutoff
Roads. The volume of traffic to the events can be handled by the capacity of these large
streets. Mr. Francis briefly outlined these additional following points to the opposing
views:
1. Well-Water/Septic System: The review by the Staff noted that Little Rock Water
Reclamation had no comment since their office does not serve this area.
2. Property Valuation: The clients have an enormous investment in their property. They
would not do anything to adversely impact their or their neighbors’ property value.
3. Emergency Response Time: The County responded to a medical emergency during
one of the events with no issues reaching the property. Any future medical
emergencies are best addressed by the county who is responsible for responding.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
4. Bill of Assurance: This document was prepared by his clients years ago in conjunction
with the sell of part of their property. None of the objectors here are entitled to enforce
the document.
5. Noise: The county regulates noise and has its own ordinance. Although the clients
are committed to complying, this property is and remains subject to the Pulaski County
Noise Ordinance.
6. Abutting Lot (Eastern Property Line): The clients agrees to amend their application to
agree to build the proposed venue with a 150 feet setback.
7. Outbuilding: There are no immediate plans to construct. However, if constructed, it
will remain architecturally compatible with the property.
Michael Bowman, 3614 Garrison Road, addressed the Commission in opposition to the
application. He expressed concerns related to the change in zoning from residential to
commercial, the access of emergency vehicles on the narrow roads, and risks involved
with the serving of alcohol for guests unfamiliar with the dark, narrow roads.
Julie Favorite, property owner of Lot 6, addressed the Commission in opposition to the
application. She outlined her opposition to the following:
1. The zoning change from residential to commercial which would allow a wedding venue
and event center.
2. The building permit required to build the 3200 square feet outbuilding with
approximately 200 feet from Lot 6.
3. The Secretary of State, City Hall or the Pulaski County Clerk’s Office did not have
record of a business license for the property.
4. There is no Certificate of Occupancy on record for the property.
5. The West Pulaski Fire Department stated there is no evacuation plan for this location.
6. There is no regulation of the amount of alcohol being served to large crowds of
approximately 200 guests for wedding events.
7. There is no Food Handlers Permit for the events.
Judd Tolson addressed the Commission in opposition to the application. He briefly
explained that he sold 80 of the 200 acres he purchased 30 years ago to the Goodwin
Family. The sale included a strict Bill of Assurance stating that there could be no
commercial activity allowed in addition to any activities which could disturb the neighbors.
Property owners built their homes with intentions that they were protected with these
restrictions. The wedding events create noise and traffic safety concerns. There have
been numerous reports to the Sheriff’s Department for car accidents and other violent
incidents in the area. Mr. Tolson stated that if the property is converted to commercial, it
will remain a commercial venue.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
Deborah Reynolds addressed the Commission in opposition to the application. As a
property owner of two (2) lots in the Reynolds Mountain Subdivision, she is the closest
neighbor to the east of the Goodwin property. Ms. Reynolds outlined her opposition as
the following:
1. The traffic noise from vehicles entering and exiting the property as well as the risks
involved with serving alcohol.
2. The noise from the music and live bands echoes around the area.
3. The lights for the proposed venue will ruin their dark sky.
4. The security issues related to leaving the gate open all day and night for the vendors
and guests.
5. The shared access of emergency vehicles and guests as they are exiting the property
in the event of an emergency.
6. The adverse effect on their property values if the property is allowed commercial
zoning.
7. The potential issues for neighbors of accommodating that many people on the
personal well water and septic systems.
8. The lack of compliance with the COVID-19 regulations.
Dr. Michael Spann addressed the Commission in opposition to the application. He
requested the following information:
1. The case number, response date, and type of vehicle for emergency event mentioned
by Mr. Francis.
2. The capacity of the Goodwin’s septic system and the last date of service.
Mr. Francis began his rebuttal by stating that the events occur every other weekend with
one (1) charitable event during the week and that the clients do not supply any alcohol.
He also that his client asked for Home Occupation, but the Staff encouraged the
commercial zoning.
Commissioner Vogel inquired about the specifics of the Goodwin’s septic system. Mr.
Francis stated that he did not the specifics noting that the LRWRA did review this
application with no comments. Since there has not been any issues in six (6) years, it is
proof that it is not really an issue.
Commissioner Brooks questioned the Goodwin’s decision to use their home for this type
of business and the Goodwin’s attempt to meet with neighbors prior to moving forward.
Andrea Goodwin stated that the events allow the family to offset the cost of the
maintenance of the property. She also confirmed that she did visit with a few of the
neighbors regarding the use of the property.
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September 24, 2020
ITEM NO.: A (Cont.) FILE NO.: Z-9500
Commissioner Rahman inquired of the Staff’s recommendation for the Planned
Commercial Development (PCD). The Staff stated that PCD was the best option to
address the proposed use of the property. Director Collins added that this was not a
decision that our office took lightly. We make recommendations based on the information
we have when we receive the application. The proposal did not qualify for Home
Occupation due to the sheer size and generation of parking by the definition of what a
Home Occupation is in residential zone.
Commissioner Rahman ask for confirmation that the applicant is a natural person and not
an entity, trust or some other form of ownership. Commissioner Brooks asked the
applicant if she would agree with another commercial business such as a car wash
coming into the neighborhood. Mrs. Goodwin stated that she would have be okay with it
if it is the law of the land.
There was a motion to approve the application as recommended by staff, including all
staff comments and conditions. The motion was seconded. The vote was 4 ayes, 5 nays
and 2 absent.
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September 24, 2020
ITEM NO.: B FILE NO.: Z-9508
NAME: Posh Automotive Short-form PCD
LOCATION: 8900 Colonel Glenn Road
DEVELOPER:
Anthony Hill
30 Wedgewood Creek Drive
Little Rock, AR 72210
501-420-4474
OWNER/AUTHORIZED AGENT:
Anthony Hill/Owner
Stormy Cubb/Authorized Agent
SURVEYOR/ENGINEER:
Trotter Surveying/Surveyor
AREA: 1.29 acres NUMBER OF LOTS: 9 FT. NEW STREET: 0 LF
WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.05
CURRENT ZONING: C-3, General Commercial District and R-4, Two-Family
Residential District
ALLOWED USES: C-3 uses and R-4 uses
PROPOSED ZONING: PCD, Planned Industrial Development
PROPOSED USE: Automobile Sales (Used)
VARIANCE/WAIVERS:
STAFF UPDATE:
The applicant did not provide responses to the subdivision committee comments in a
timely manner; therefore, the item must be deferred. Staff recommends approval of the
deferral to the next scheduled meeting, as determined by staff.
September 24, 2020
ITEM NO.: B (Cont.) FILE NO.: Z-9508
PLANNING COMMISSION ACTION: (MAY 14, 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
next scheduled meeting. The vote was 10 ayes, 0 noes and 1 absent.
STAFF UPDATE:
The applicant has not provided staff with the additional information needed for staff to
review the proposed PCD development. Staff recommends that the application be
deferred to the next available meeting, as determined by staff.
PLANNING COMMISSION ACTION: (JUNE 25, 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
next scheduled meeting. The vote was 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on August 24, 2020 requesting this application be
deferred to the October 29, 2020 agenda. The applicant has hired a design professional
to provide a site plan for the proposed development. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant submitted a letter to staff on
August 24, 2020 requesting this application be deferred to the October 29, 2020 Agenda.
The applicant has hired a design professional to provide a site plan for the proposed
development. Staff supported the deferral request. The item was placed on the Consent
Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and
2 absent.
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September 24, 2020
ITEM NO.: 1 FILE NO.: S-1877
NAME: Quik Trip 7211 – Preliminary Plat
LOCATION: Interstate 30 at Otter Creek Road
DEVELOPER:
Specialized Real Estate Group, Inc.
15 N. Church Avenue, Suite 103
Fayetteville, AR 72701
OWNER/AUTHORIZED AGENT:
White-Daters and Associates
Brian Dale
24 Rahling Circle
Little Rock, AR 72223
SURVEYOR/ENGINEER:
Rasbury Surveying
308 West South Street
Benton, AR 72015
AREA: 16.12 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.03
CURRENT ZONING: C-4
VARIANCE/WAIVERS:
1. Lot width to depth ratio for Lot 3.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting preliminary plat approval to allow for the subdivision of
16.12 acres into three (3) lots. The property is zoned C-4 and is located at the
intersection of I-30 and Otter Creek Road.
September 24, 2020
ITEM NO.: 1 (Cont.) FILE NO.: S-1877
B. EXISTING CONDITIONS:
The property is currently undeveloped. It was previously used as a gravel parking
area for large semi trucks and trailers associated with a trucking company.
C. NEIGHBORHOOD COMMENTS:
Notice of public hearing was sent to all owners of abutting properties and the Otter
Creek, Bentley Court, Chateaus on Stagecoach and SWLR United for Progress
Neighborhood Associations.
D. ENGINEERING COMMENTS:
1. Otter Creek Road is classified on the Master Street Plan as a Minor Arterial
roadway. A dedication of 45-foot wide Right-of-Way from Centerline will be
required.
2. Sidewalks with appropriate handicap ramps are required in accordance with
Sec. 31-175 of the Little Rock Code and the Master Street Plan.
3. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1805 (Travis Herbner).
4. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
5. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
6. Show the limits of the 100-year floodway and floodplain on the preliminary
plat.
7. Minimum finished floor elevation must be shown on the lots within the
subdivision to be at least 1 foot above the base flood elevation.
8. Street Improvement plans shall include signage and striping. Public Works
must approve completed plans prior to construction.
9. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25 foot wide
drainage and access easement is required adjacent to the floodway
boundary.
10. Show existing and proposed driveway location(s) and widths. Driveway
spacing for arterial streets per City Code Chapter 31-210 is 300 foot between
driveways and intersections and 150 feet from the side property line.
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September 24, 2020
ITEM NO.: 1 (Cont.) FILE NO.: S-1877
11. All public drainage easements must contain drainage infrastructure approved
by the City of Little Rock Public Works Department.
12. All public drainage easements must be unobstructed and access provided to
the public right-of-way by constructed infrastructure and/or documented on
the final plat.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer main extension required with easements if new sewer service is required
for this project. FOG analysis required.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Full plan review
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No Comments.
Landscape: No Comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: No Comments.
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September 24, 2020
ITEM NO.: 1 (Cont.) FILE NO.: S-1877
H. ANALYSIS:
The subject property is located at the southwestern corner of Interstate 30 and
Otter Creek Road. The property is zoned “C-4” Open Display District. The
property is currently vacant and undeveloped. It was previously occupied as a
gravel parking area for semi trucks and trailers associated with Cal Ark trucking
company.
The applicant proposes to subdivide the 16.12 acre property into three (3) lots.
The lots will range in size from 7.56 acres to 1.98 acres. A convenience store/truck
stop development is planned for Lot 1 (6.57 acres).
The proposed plat shows three (3) new driveways along the I-30 frontage for Lot
1 and one (1) driveway each for Lots 2 and 3. Two (2) new driveways along the
Otter Creek Road frontage are also shown for Lot 1. A small lease parcel for a
billboard is shown on Lot 3.
The floodway extends onto a small portion of Lot 3 along its west boundary. The
applicant has shown an easement for the floodway, as well as a required 25 foot
maintenance easement for the floodway area. Minimum finish floor elevations are
shown for Lots 1 and 3, as required.
The applicant is requesting one (1) variance with the proposed preliminary plat.
Section 31-284(b) of the City’s Subdivision Ordinance states that commercial lots
must have a lot depth which does not exceed three (3) times the lot width. The lot
depth for Lot 3 is slightly over three (3) times the lot width. Staff supports the
variance request as it is very minor in nature.
To staff’s knowledge, there are no outstanding issues related to this preliminary
plat request. The applicant has done a good job in addressing issues as raised by
staff during staff’s review of this plat. The subdividing of this property should have
no adverse impact on the surrounding properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the proposed preliminary plat and lot width-to-depth
variance, subject to compliance with the comments and conditions outlined in
paragraphs D and E, and the staff analysis, of the agenda staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 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
4
September 24, 2020
ITEM NO.: 1 (Cont.) FILE NO.: S-1877
“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 9 ayes, 0 nays and 2 absent.
5
September 24, 2020
ITEM NO.: 2 FILE NO.: Z-4807-R
NAME: Lot 1, Wellington Park – PD-O
LOCATION: 2113 Wellington Village Road
DEVELOPER:
Forest Park Partners, LLC
#1 West Palisades
Little Rock, AR 72207
OWNER/AUTHORIZED AGENT:
White-Daters and Associates
Brian Dale
24 Rahling Circle
Little Rock, AR 72223
SURVEYOR/ENGINEER:
White-Daters and Associates
AREA: 2.707 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.19
CURRENT ZONING: PD-O (expired)
VARIANCE/WAIVERS:
1. Advance grading variance.
2. Grading into the required northern land use buffer.
BACKGROUND:
Ordinance No. 20,742 adopted by the Little Rock Board of Directors on July 9, 2013,
rezoned the site from MF-6, Multi-family to Planned Office Development POD. The
applicant proposed the development of the site with five (5) single story office buildings
each proposed on a separate lot. The buildings were to range in size from 5,000 square
feet to 15,120 square feet. The lots were to share access and parking through a cross
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
access and parking agreement. Each of the lots was designed to allow for sufficient
parking on each lot for the proposed office users.
A specific listing of uses was approved for the site. The approved uses included a Bank
or savings and loan office, Clinic (medical, dental or optical), Establishment of religious,
charitable or philanthropic organization, Art gallery, Office (general and professional),
Private school for tutoring, business, adult education or special education, Studio (art,
music, speech, drama, dance or other artistic endeavors), Travel bureau, Barber or
beauty salon, Photography studio, Studio (broadcasting or recording), Duplication shop,
Laboratory, Health studio or spa.
Ordinance No. 21,200 adopted by the Little Rock Board of Directors on April 5, 2016,
revised the previously approved PD-O to allow the development of 1.8-acres of a
4.81-acre tract and to create a two (2) lot plat. The plan included the construction of a
12,200 square foot building to be used as a daycare center and 45 parking spaces. A
playground containing 19,431 square feet of space was proposed and 28,189 square feet
of miscellaneous space including open space and landscaping was proposed. The
building was proposed as a single story building.
On March 7, 2017, the Board of Directors passed Ordinance No. 21,638, revising the
previously approved PD-O, Planned Development Office, to allow the development of
2.707-acres with two (2) buildings each containing 14,386 gross square feet of floor area
for elderly housing. The plan indicates the placement of 22 parking spaces to serve the
western building and 17 parking spaces to serve the eastern building.
The PD-O zoning approved by the Board on March 7, 2017 has expired as of March 7,
2020, as the property remains undeveloped.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting that the PD-O zoning as approved by Ordinance No.
21,368 on March 7, 2017 be re-established. The applicant is requesting that the
PD-O zoning be re-established with no changes, as approved by the Board and
Planning Commission on February 2, 2017.
B. EXISTING CONDITIONS:
The property is currently undeveloped. The south and west portions of the
property is grass covered. Trees and undergrowth are located within the northeast
quarter of the property.
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September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the Villages of
Wellington Neighborhood Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
1. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public
right-of-way prior to occupancy.
2. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction. A land alteration variance is
required for the advance grading of Phase 2 with construction of Phase 1.
3. Regional stormwater detention is provided for this property in the pond on the
west side of Kirk Rd.
4. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
5. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade
permit prior to doing any work in the right-of-way. Contact Traffic Engineering
at (501) 379-1805 (Travis Herbner) for more information.
6. Hauling of fill material on or off site over municipal streets and roads requires
approval prior to a grading permit being issued. Contact Public Works Traffic
Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more
information.
7. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
8. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After construction,
an as-built certification is required for construction of the retaining wall.
9. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
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September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this Site. Capacity
Fee Analysis Required.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
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.
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 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.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
4
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval \by the fire code
official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
One- or Two-Family Residential Developments.
As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code
Vol. 1, One- or Two-Family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds
30 shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and al dwelling units are equipped
throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the
Arkansas Fire Code, access from two directions shall not be required.
5
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with
future development, as determined by the fire code official.
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.
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code:
All buildings 30 feet or more in height require fire access roads on both sides
15-30 from the building. For information contact Captain John Hogue at
501.918.3782.
Landscape:
1. Site plan must comply with the City’s minimal landscape and buffer ordinance
requirements.
2. Street buffers will be required at six (6) percent of the average depth of the lot.
The minimum dimension shall be one-half (½) the full width requirement but in
no case less than nine (9) feet.
3. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque screening,
whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. Easements cannot count
toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the landscape ordinance of the city, section 15-81.
Screening requirements will need to be met adjacent to the north and east
residential zoned property.
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September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
4. Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
5. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property, or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
6. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). The minimum size of an interior landscape area shall be one hundred
fifty (150) square feet for developments with one hundred fifty (150) or fewer
parking spaces. Interior islands must be a minimum seven and one half (7 1/2)
feet in width. Trees shall be included in the interior landscape areas at the rate
of one (1) tree for every twelve (12) parking spaces.
7. An automatic irrigation system to water landscaped areas shall be required for
developments of one (1) acre or larger.
8. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
9. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
Land Use Plan: The request is in the Chenal Ridge Planning District. The Land
Use Plan shows Suburban Office (SO) for the requested area. Suburban Office
provides for low intensity development of office or office parks in close proximity to
lower density residential areas to assure compatibility. A Planned Zoning District
is required. The application is to re-approve an expired PD-O (Planned District
Office) for an elderly housing development on the site.
7
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
Surrounding the application area, the Land Use Plan shows Residential Low
Density (RL) to the east; Residential High Density (RH) to the north; Public
Institutional (PI) to the south; and (SO) to the west. 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.
Transition is a land use plan designation that provides for an orderly transition
between residential uses and other more intense uses. Residential High Density
accommodates residential development of more than twelve (12) dwelling units
per acre. Public Institutional includes public and quasi-public facilities that provide
a variety of services to the community such as schools, libraries, fire stations,
churches, utility substations, and hospitals. Suburban Office provides for low
intensity development of office or office parks in close proximity to lower density
residential areas to assure compatibility.
Master Street Plan: To the south is Wellington Village Road and it is shown as a
Collector on the Master Street Plan. The primary function of a Collector is to
provide a connection from Local Streets to Arterials. This street may require
dedication of right-of-way and may require street improvements for entrances and
exits to the site.
Bicycle Plan: There is a Class III Bike Route shown on Wellington Village Road.
Bike Routes require no additional right-of-way, but either a sign or pavement
marking to identify and direct the route.
H. ANALYSIS:
The applicant proposes to re-establish the previously approved Lot 1, Wellington
Park – PD-O, located at 2113 Wellington Village Road. The previously approved
PD-O expired on March 7, 2020, three (3) years after the ordinance approved the
development. The applicant proposes to re-establish the PD-O just as it was
approved in 2017.
The development will consist of two (2) buildings to be utilized as elderly
housing/assisted living. The applicant proposes the easternmost building to be
constructed as Phase I, with the west building being Phase II. The parking and
other site improvements will be constructed with Phase I.
Each assisted living facility building will accommodate 16 to 20 residents per
building who will have specialized care. The caregiver/client ratio is one (1) to four
(4). The residents will be provided meals, activities and support that are
8
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
individualized for each resident. This development will provide ancillary services
on-site, such as transportation, recreation, and common dining facilities.
The proposal is to allow the construction of two (2) buildings each containing
14,386 gross square feet of floor area. The site plan indicates the placement of
outdoor patio areas. The construction materials for the buildings are proposed as
a mix of brick and masonry board siding. The roofs are composite asphalt shingles.
The maximum building height proposed is 25-feet.
The site plan indicates the placement of 36 parking spaces. Parking for an
assisted living facility is typically calculated at ½ space per unit. The development
is proposed with a maximum of 40 beds which will require the placement of
20 parking spaces. Staff feels the parking as proposed is adequate to serve the
development.
The site plan indicates the placement of a single development sign along
Wellington Village Road. Typically signage allowed in office zones is six (6) feet
in height and 64 square feet in area. The site plan notes the placement of a
monument sign which complies with the typical ordinance standard.
The site plan indicates the placement of a dumpster along the eastern perimeter
of the site. The applicant notes the dumpster was placed in this area to limit
visibility from the adjacent street. The applicant states due to the grade of the site
the dumpster will be located below street grade. The enclosure will be constructed
of complimentary materials of the building construction. The enclosure will also
incorporate a metal gate along the front side. Landscape materials, evergreen
trees and shrubs, will be placed around the dumpster enclosure to soften the visual
impact of the dumpster enclosure from the adjacent parking lot and the abutting
street. The hours of dumpster service will be 7 am to 6 pm Monday through Friday.
The applicant is required to provide a land use buffer along the northern perimeter
as well as provide screening due to the adjacent residential use and zoning. The
site plan indicates the northern land use buffer will not remain in its undisturbed
natural state. The grading plan indicates grading to the northern property line to
allow the site to develop as proposed. The applicant has indicated a screening
fence or dense evergreen plantings will be provided along the northern boundary.
The required land use buffer along the northern perimeter should be 21.94-feet
with no more than 30 percent of the buffer area disturbed. The plan as presented
indicates the entire buffer area to be graded. A previous application was approved
with an encroachment into this buffer area but to mitigate the encroachment that
applicant offered to provide evergreen plantings at a rate of two (2) times the
normal requirement of the landscape ordinance for perimeter plantings. The plant
materials are to be a minimum of six (6) feet in height at the end of the growing
9
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
season. Staff feels to allow this development to remove the land use buffer the
developer should install evergreen plantings also at a rate of two (2) times the
typical ordinance requirement and to stagger the plantings to increase the visual
screen. Per typical ordinance requirements the required street buffer would be
21.94-feet and in no case less than one-half. It appears the street buffer
requirement is being met.
The land use buffer along the eastern perimeter will be maintained as typically
required by ordinance. The applicant has indicated a screening fence or dense
evergreen plantings will be placed within the buffer to provide the required
screening.
All site lighting will be low level and directional, directed downward and into the
site. The lighting will be shielded to minimize over spilling of light onto adjacent
properties. The maximum pole height for the parking lot lighting is 20-feet.
The applicant is proposing to grade the entire site with Phase I development.
Therefore, the applicant is requesting as Advance Grading Variance, to advance
grade the area of Phase II construction with the development of Phase I. Staff is
supportive of the variance request.
Staff is supportive of the applicant's request. The development is proposed as an
elderly housing development with a maximum of 40-living accommodations. The
overall density is 14.8-units per acre. To staff’s knowledge there are no remaining
outstanding technical issues associated with the request. Staff feels the
re-establishment the PD-O zoning to allow the development as proposed will have
limited impact on the area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request, and advance grading variance, subject
to compliance with the comments and conditions as outlined in paragraphs D, E
and F, and the staff analysis, of the agenda staff report.
Staff also recommends approval of the variance request to allow grading of the
northern land use buffer provided the applicant replant the buffer with evergreen
plantings a minimum of six (6) feet in height at the end of the growing season and
planted at a rate of two (2) times the normal planting requirement of the landscape
ordinance for perimeter plantings.
10
September 24, 2020
ITEM NO.: 2 (Cont.) FILE NO.: Z-4807-R
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 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 9 ayes, 0 nays and 2 absent.
11
September 24, 2020
ITEM NO.: 3 FILE NO.: Z-7500-G
NAME: Hamilton Apartments – PD-R
LOCATION: Immediately north of 14524 – 14810 Cantrell Road
DEVELOPER:
Rees Commercial
John Rees
11719 Hinson Road, Suite 130
Little Rock, AR 72212
OWNER/AUTHORIZED AGENT:
Holloway Engineering
Jess Griffin
200 Casey Drive
Maumelle, AR 72113
SURVEYOR/ENGINEER:
Holloway Engineering
AREA: 10.67 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05
VARIANCE/WAIVERS:
1. None requested.
BACKGROUND:
On August 31, 2017 the Planning Commission denied a proposed rezoning of this
property titled The Hamilton Apartments Long-form PD-R, a proposed 250 unit multifamily
development. The applicant appealed the Planning Commission’s decision to the Board
of Directors, but that request was withdrawn by the applicant.
September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant’s request is as follows:
“This project consists of rezoning of the site from R-2 & PCD to
PRD of a 10.67 acre tract. The gated development will consist of
a 240 unit multifamily development with 2 interior courtyards. The
courtyards will contain a swimming pool, cooking area, sports,
and seating areas. Detention will be provided on site. A trash
compactor will be located on site and serviced during regular
business hours.”
B. EXISTING CONDITIONS:
The property is currently undeveloped and partially tree covered. Some site work
has taken place within the east portion of the property.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the Westbury,
Westchester Heather and Pinnacle Valley neighborhood associations were
notified of the public hearing.
D. ENGINEERING COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
2. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction. Is the project proposed to be
constructed in 1 phase?
3. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
4. Storm water detention ordinance applies to this property. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer, property owners association, and/or owner.
5. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
6. A special Grading Permit for Flood Hazard Areas will be required per
Sec. 8-283 prior to construction.
2
September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
7. The minimum Finish Floor elevation of at least 1 ft. or more above the base
flood elevation is required to be shown on plat and grading plans.
8. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25 foot wide
drainage and access easement is required adjacent to the floodway
boundary. Show on site plan.
9. On the site plan, show the existing and proposed floodway lines. With
portions of the proposed development within the floodway, a Conditional
Letter of Map Revision (CLOMR) must be approved prior to issuance of a
grading permit. A Letter of Map Revision (LOMR) must be approved to revise
the floodway prior to issuance of the building permit even if the LOMR is being
prepared by another party.
10. The existing driveway creates left turn conflicts with Jerry Drive. Due to the
proposed traffic volumes, the existing driveway should be relocated to align
with Jerry Drive to alleviate the unsafe driving condition. Show Jerry Drive
on the southside of Cantrell Road on the site plan.
11. Will the east driveway serve as an emergency access only or will it provide a
second access for apartment occupants and staff?
12. Obtain approval from the property owner for the east driveway thru the
adjacent property. Show on plan a shared access easement to Cantrell
Road.
13. Per Chapter 36, no parking is allowed within the floodway.
14. The owner and/or manager of each multi-family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow at
371-4646 for more information.
15. Submit a Traffic Impact Study for the proposed project due to the amount of
vehicular traffic on Hwy. 10 and the amount of left turn movements. Study
should address trip generation and trip distribution for the development and
also should take into account existing and projected traffic.
16. Access easements should be obtained for access to the property through
other private properties. The west access at the Taylor Loop Road
intersection is proposed to be taken thru an existing parking lot or service
easement not constructed to a private commercial street standard. The
existing service easement has 9 uncontrolled curb cuts, backout parking
spaces, and no pedestrian access to the apartments and existing
development.
3
September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
17. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
18. Alteration of the water course will require approval from the Little Rock District
of the US Army Corps of Engineers prior to start of work.
19. A right turn lane should be constructed on Cantrell Road for the east driveway
and the taper extended to the adjacent property's driveway if access other
than emergency only access to the apartments is planned at the east
driveway The right turn lane should consist of 100 ft. taper and
20. The existing service easement cannot be used for vehicle backing. All
parking spaces backing into the service easement must be removed or a
variance requested. The easements should be constructed to commercial
street standard with sidewalks.
21. A minimum undisturbed buffer strip 25 ft. wide except for reasonable access
shall be provided along each side of streams having a 10 yr storm >150 cfs.
The undisturbed strip should be measured from the top of the bank.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer Available to this Site. Sewer main relocation with new easement is required
if constructed as shown.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
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.
4
September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
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 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.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire code
official
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
Multi-Family Residential Developments
As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention
Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all building, including nonresidential
occupancies are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2
As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention
Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads regardless of whether they
are equipped with an approved automatic sprinkler system.
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.
Parks and Recreation: No comments received.
County Planning: No Comments.
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is subject to full commercial plan review and approval prior to issuance of
a building permit. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Site plan must comply with the City’s minimal landscape and buffer ordinance
requirements.
2. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque screening,
whether a fence or other device, a minimum of six (6) feet in height shall be
required upon the property line side of the buffer. Easements cannot count
toward fulfilling this requirement. The plantings, existing and purposed, shall be
provided within the landscape ordinance of the city, section 15-81.
The average width of the lot is approximately 800 feet. A minimum forty-
eight (48) foot buffer is required adjacent to the R-2 zoned property to the
west.
Screening requirements will need to be met adjacent to the north, east,
and west R-2 zoned properties.
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property or the right-of-way of any street, highway or freeway.
This strip shall be at least nine (9) feet wide. Provide trees with an average
linear spacing of not less than thirty (30) feet within the perimeter planting strip.
Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter
planting strip.
4. Landscape areas shall be provided between the vehicular use area used for
public parking and the general vicinity of the building, excluding truck loading
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
or service areas not open to public parking. These areas shall be equal to an
equivalent planter strip three (3) feet wide along the vehicular use area.
5. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the parking
area(s). For developments with more than one hundred fifty (150) parking
spaces the minimum size of an interior landscape area shall be three hundred
(300) square feet. Interior islands must be a minimum of seven and one half
(7 1/2) feet in width. Trees shall be included in the interior landscape areas at
the rate of one (1) tree for e very twelve (12) parking spaces.
6. A landscape irrigation system shall be required for developments of one (1)
acre or larger.
7. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
Land Use Plan: The request is in the River Mountain Planning District. The Land
Use Plan shows Residential Low Density (RL), Transition (T) and Park/Open
Space (PK/OS) for the requested area. 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. Transition is a Land Use Plan
designation that provides for an orderly transition between residential uses and
other more intense uses. Transition was established to deal with areas which
contain zoned residential uses and nonconforming nonresidential uses. A Planned
Zoning District is required unless the application conforms to the Design Overlay
standards. Uses that may be considered are low-density multi-family residential
and office uses if the proposals are compatible with quality of life in nearby
residential areas. The Park/Open Space includes public parks, recreation facilities,
greenbelts, flood plains, and other designated open space and recreational land.
The application is to rezoning an area from R-2 (Single Family District) and PCD
(Planned Commercial Development District) to PD-R (Planned Development
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
Residential District) to allow the future construction of a 240-unit multifamily
development at an approximate density of 22.5 units per acre on the site.
Surrounding the application area, the Land Use Plan shows Commercial (C) to the
southwest; Mixed Office Commercial (MOC) to the southeast; Residential Low
Density (RL) to the west; and Park/Open Space (PK/OS) along the east and north.
Commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that they
serve. Mixed Office Commercial provides for a mixture of office and commercial
uses to occur. Acceptable uses are office or mixed office and commercial.
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 Park/Open Space category includes public parks, recreation
facilities, greenbelts, flood plains, and other designated open space and
recreational land.
Master Street Plan: There are no public streets bordering this application.
Bicycle Plan: There is a Class I Bike Path is shown crossing this area near its
southwest corner. A Bike Path is to be a paved path physically separate for the
use of bicycles (right-of-way or an easement is recommended). Nine-foot paths
are recommended to allow for pedestrian use as well.
H. ANALYSIS:
The applicant proposes to rezone the 10.67 acre property located immediately
north of 14524-14810 Cantrell Road from “R-2” Single Family District and “PCD”
Planned Commercial District to “PD-R” Planned District – Residential to allow for
the development of a 240 unit multifamily complex. The development will consist
of a single building with two (2) interior courtyard areas. Parking will be located
along all sides of the proposed multifamily building. Two (2) access drives are
proposed from Cantrell Road, via access easements through the commercial
properties to the south. The main entry drive will be located at the southwest
corner of the site. A secondary entrance (for emergency and service vehicles only)
will be located at the southeast corner of the site. Floodway is located within the
north portion of the site. The applicant is providing a floodway/drainage and
access easement adjacent to the floodway area.
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
The proposed building will be four (4) stories in height. The applicant notes that
the building height will range between 50 and 60 feet. The applicant also notes
that the building will be constructed of hardie board siding and precast concrete.
The applicant is proposing a total of 432 on-site parking spaces for the proposed
development (1.8 spaces per unit). The parking areas include several garages
and carport canopies throughout the site. The applicant notes that the parking
structures will have an architectural design complimentary to the apartment
building. The parking types will be as follows:
22 spaces – under the building
36 spaces – garages
128 spaces – under canopies
246 spaces – open, uncovered spaces
(9 accessible)
The City’s Zoning Ordinance would typically require a minimum of 360 on-site
parking spaces for the proposed multifamily development. Staff supports the
proposed parking plan. The applicant notes that site lighting will be low-level,
shielded and directed away from adjacent properties.
A trash/recycle collection area is noted near the southeast corner of the site. The
trash collection area must be screened as per Section 36-523 of the code.
The applicant notes that there will be a monument sign at the main entrance to the
development. The ordinance allows a maximum sign height of six (6) feet and a
maximum sign area of 24 square feet. The sign must be located at least five (5)
feet back from any property line.
The proposed site plan shows a six (6) foot high decorative metal fence along the
south and west property lines. The fence will terminate prior to the floodway at the
southeast corner of the site and at the 25 foot drainage/access easement at the
northwest corner of the property.
A secondary access for the Village at Ison Creek single family development is
located at the southwest corner of the site. An easement for this secondary access
must be recorded prior to the issuance of a certificate of occupancy for this project.
The Planning and Development Engineering Division reviewed a grading plan for
the proposed development. No fill is proposed to be placed within the floodway
area. The proposed site plan does show parking structures to be located over a
stormwater drainage pipe. The proposed garage structure immediately east of the
main entry drive is located over the stormwater drainage pipe. Several
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
garage/canopy structures along the west property line (near the northwest corner
of the site) are also located over the stormwater drainage pipe. These structures
must be removed from the site plan or the stormwater pipe must be relocated.
The Public Works Traffic Engineering Division reviewed a traffic study submitted
by the applicant and provided the following response:
“The level of service at the intersection of Taylor Loop Road at
Cantrell Road will worsen with increased traffic, regardless of the
type of development at the subject property. An ARDOT project
is proposed in the future to widen Cantrell Road and improve the
Taylor Loop Road and Cantrell Road intersection similar to the
current project under construction. When analyzing traffic
volumes generated from multi-family residential zoning (with 240
units) uses, the already approved current zoning of commercial
and single family can generate more than double the traffic
volume during AM/Noon peak hour periods and near triple during
the 24-hour (2-way volume) periods.
Given the choice, multi-family zoning will result in a significantly
less number of trips during AM/PM peak hours and will also have
less impact during the Noon peak hour, as opposed to any retail
commercial establishments. Based on trip-generation
comparisons of the current zoning (commercial and single family)
vs multi-family residential zoning (with 240 units), Public Works
recommends approval of the multi-family use.
Public Works recommends approval of the Hamilton Apartments
conditioned on the following: 1.) Because of increase in
southbound left-turn volume, the southbound approach should be
reconfigured to allow the existing center thru-lane to function as
a shared "left-thru" combination lane. This will improve LOS for
the southbound approach and will also help minimize left-turn
queuing. Developer is responsible for the installation of pavement
markings and signal head modifications; and 2.) The developer
has agreed to remove back-out parking and the middle parking
lot curb cut on the west side of the service easement. Staff
believes instead of closing the middle curb cut on the west side
of the service easement that the existing curb cuts located on the
north and south sides of the middle parking lot curb cut should
both be closed and the middle curb cut remain open. This will
better channelize traffic to the signalize intersection.”
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September 24, 2020
ITEM NO.: 3 (Cont.) FILE NO.: Z-7500-G
Staff is supportive of the requested rezoning to PD-R. Staff views the request as
reasonable. The majority of this property is designated a “T” Transition on the
City’s Future Land Use Plan. Staff views the proposed multifamily development
as an acceptable transitional use between the heavy commercial uses along the
north side of Cantrell Road and the single family residential uses to the north.
Access to the development will be directly from Cantrell Road, through existing
commercial developments. There will be no access from Pinnacle Valley Road to
the north. Additionally, a floodway area will separate the proposed development
from the existing R-2 zoned properties to the north. Staff believes the proposed
multifamily use will be a quality in-fill type development at this location.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested PD-R zoning, subject to the following
conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F, and the staff analysis, in the agenda staff report.
2. A copy of the recorded instruments for access easements from Cantrell Road
must be submitted to staff prior to issuance of a building permit.
3. A copy of the recorded instrument for secondary access to the Village at Ison
Creek single family development must be submitted to staff prior to issuance
of a certificate of occupancy for the development.
4. The garage/canopy structures located over the stormwater pipe must be
removed or the pipe must be relocated.
5. All site lighting must be low-level, shielded and directed away from adjacent
properties.
6. The trash/recycle collection area must be screened as per Section 36-523 of
the code.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant submitted a letter to staff on
August 22, 2020 requesting this application be withdrawn. Staff supported the withdrawal
request. The item was placed on the Consent Agenda and withdrawn as recommended
by staff. The vote was 9 ayes, 0 nays and 2 absent.
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September 24, 2020
ITEM NO.: 4 FILE NO.: Z-8411-A
NAME: Harrell Rooming – Boarding House/Bed and Breakfast – PRD
LOCATION: 3221 West Markham Street
DEVELOPER:
Martha Nanette Harrell
3221 West Markham Street
Little Rock, AR 72205
OWNER/AUTHORIZED AGENT:
Harry Steven Thomas and Martha Nanette Harrell
3221 West Markham Street
Little Rock, AR 72205
SURVEYOR/ENGINEER:
Marlar Engineering
5318 JFK Blvd.
North Little Rock, AR 72116
AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 3 PLANNING DISTRICT: 9 CENSUS TRACT: 48
CURRENT ZONING: R-3
VARIANCE/WAIVERS:
1. None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to rezone the property from R-3 to PRD to allow for the
existing residential structure to be used as a boarding house and bed and
breakfast. The applicant’s proposed is as follows:
“Proposal for a PRD for 3221 West Markham Street to allow use as follows:
· Primary goal: Boarding House:
September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
o Three bedrooms, Maximum of six people
§ Advertise to professionals who are searching for a place to stay that
is one week to less than 12 month rental.
§ Bed and Breakfast type of use for rentals less than one week. This
option will be used to fill gaps in scheduled bookings.
o Provide an option to all occupants for meal service (Will meet license
and permit requirements.)
o Shared common area: Living Room, Dining Room, Utility Room, Office
Space, Sun room, Back deck, Front Terrace
o Owner Occupied: Owners will have a space in the downstairs bedroom.
· Parking: Will include one location on the carport in the back yard, off of
Brown Street. Three additional parking locations are available on the
driveway on the east side of the house, off of Markham Street.
· Signage: Create a stained glass sign within the arched front porch roof.
Provide ground level signage in the North West corner of the front yard, five
feet from city right-of-way. (Will meet city ordinance requirements.)”
B. EXISTING CONDITIONS:
The property is occupied by a one-story brick and frame single family residence
with basement level. Driveways from West Markham Street and Brown Street
serve as access to the property. Parking is located along the east, west and north
sides of the residence.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the Hillcrest and
Capitol View Stifft Station neighborhood associations were notified of the public
hearing.
D. ENGINEERING COMMENTS:
1. Markham Street is classified on the Master Street Plan as a minor arterial with
special design standards. A dedication of right-of-way 35 feet from centerline
will be required. A property survey was not provided.
2. Due to the proposed use of the property, the Master Street Plan specifies that
Brown Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline. A property survey
was not provided.
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September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
3. A 20 feet radial dedication of right-of-way is required at the intersection of
Markham Street and Brown Street. A property survey was not provided.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer main extension required with easements if new sewer service is required
for this project. Capacity Fee Analysis Required.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Full plan review
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No Comments.
Landscape: No Comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
Land Use Plan: The request is in the Interstate 630 Planning District. The Land
Use Plan shows Residential Low Density (RL) for the requested area. 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
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September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
and cluster homes, provided that the density remain less than 6 units per acre.
The application is to rezoning an area from R-3 (Single Family District) to PRD
(Planned Residential Development District) to allow the existing house to be used
as a Board House, with meeting/conference space for up to 10 persons.
Surrounding the application area, the Land Use Plan shows Residential Low
Density (RL). Approximately a block and a half to the east, is the Stifft Station
business district which is shown primarily as Commercial (C) and Residential High
Density (RH). 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. Commercial category includes a broad range of retail
and wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on the
trade area that they serve. Residential High Density accommodates residential
development of more than twelve (12) dwelling units per acre.
Master Street Plan: To the north is Markham Street and it is a Minor Arterial on
the Master Street Plan. To the west is Brown Street, this street are classified Local
Streets by the Master Street Plan. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to minimize
negative effects of traffic and pedestrians Markham Street since it is a Minor
Arterial. 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”. 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.
H. ANALYSIS:
The applicant requests to rezone the property located at 3221 West Markham
Street from “R-3” Single Family District to “PRD” Planned Residential District to
allow for the existing residential structure on the site to be used as a boarding
house and bed and breakfast. The applicant’s proposed use for the property is as
follows (also noted in paragraph A.):
“Proposal for a PRD for 3221 West Markham Street to allow use as follows:
· Primary goal: Boarding House:
4
September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
o Three bedrooms, Maximum of six people
§ Advertise to professionals who are searching for a place to stay that
is one week to less than 12 month rental.
§ Bed and Breakfast type of use for rentals less than one week. This
option will be used to fill gaps in scheduled bookings.
o Provide an option to all occupants for meal service (Will meet license
and permit requirements.)
o Shared common area: Living Room, Dining Room, Utility Room, Office
Space, Sun room, Back deck, Front Terrace
o Owner Occupied: Owners will have a space in the downstairs bedroom.
· Parking: Will include one location on the carport in the back yard, off of
Brown Street. Three additional parking locations are available on the
driveway on the east side of the house, off of Markham Street.
· Signage: Create a stained glass sign within the arched front porch roof.
Provide ground level signage in the North West corner of the front yard, five
feet from city right-of-way. (Will meet city ordinance requirements.)”
The applicant notes that parking for one (1) vehicle exists on the west side of the
property (from Brown Street) and three (3) spaces exist along the east side of the
residence (access from West Markham Street). There is also a circular driveway
from West Markham Street, which is located mostly within the public right-of-way.
Staff will allow one (1) vehicle to be parked on the circular driveway. On-street
parking is also allow along the east side of Brown Street. The City’s Zoning
Ordinance would typically require four (4) parking spaces for the proposed use.
Staff believes that the applicant’s parking plan will adequately serve the proposed
use of the property.
The applicant proposes to place a stained glass sign within the arched area above
the front door. This sign will be approximately 10 square feet in area. The
applicant also proposes a ground sign at the northwest corner of the property, five
(5) feet back from the property lines and conforming with city ordinance
requirements. Section 36-552 allows a ground sign for a multifamily-type
development to have a maximum height of six (6) feet and a maximum area of 24
square feet.
Staff is supportive of the requested PRD zoning to allow use of the existing
residence as an owner-occupied boarding house/bed and breakfast. Staff views
the request as reasonable. The property is located on West Markham Street, a
minor arterial roadway, and on the outer edge of the Capitol View Stifft Station
neighborhood. The proposed use of the property as a boarding house will not be
5
September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
out of character with the overall neighborhood. There are other non-single family
residential uses and zoning scattered throughout this neighborhood, including
R-4, R-5 and PRD zonings and multi-unit residential developments. Staff believes
the proposed PRD zoning will have no adverse impact on the general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested PRD zoning, subject to the following
conditions:
1. Compliance with the comments and conditions outlined in paragraphs D and
E, and the staff analysis, in the agenda staff report.
2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for
the private improvements such a fencing, landscaping and circular driveway
located within dedicated right-of-way.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
Dr. Nanette Harrell was present, representing the application. There were no supporters
and two (2) registered objectors. Staff presented the application with a recommendation
for approval. The applicant deferred to the registered opposition.
James Smith, 102 Ridgeway Drive, addressed the Commission in opposition of the
application. As a 17-year resident of the Hillcrest Community, he expressed concern for
the effect of the approval of the Boarding House on the housing market when he and his
wife decide to downsize for retirement. Mr. Smith added that the zoning change from
single-family residential is the primary reason for his opposition.
Commissioner Vogel asked the Staff if this zoning proposal was a work-around for the
previous problems with the short-term rentals, vacation rentals, and other Bed and
Breakfast properties for revenue streams by the property owners in the city. Director
Collins explained the proposed future-plans for regulation of short-term rentals will not be
affected by the current process. As it stands, any property deemed as a short-term rental
by Planning and Development must be reviewed as a Planned Residential Development
(PRD) due to its intended use. The report presented to the Board of Directors defines the
distinction between owner-occupied properties and property owners not living onsite.
Further distinction will be proposed for applications which will require final approval by the
Board of Directors (i.e., Planned Developments) and those which will be allowed final
approval by the Planning Commission (i.e., Special Use Permits). However, as of now,
our office requires these proposed uses to be reviewed as a Planned Development.
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September 24, 2020
ITEM NO.: 4 (Cont.) FILE NO.: Z-8411-A
Staff emphasized that a Bed and Breakfast and a Boarding House are specifically defined
terms in the ordinance. In most cases, a Special Use Permit (SUP) can be considered.
In this case, the Bed and Breakfast use does not allow full-meal services. Originally, the
applicant proposed full-meal service to all the occupants. The SUP with a variance or the
PRD would allow this service. However, the applicant was more comfortable with the
PRD zoning since there was a variance involved.
Dr. Harrell addressed the Commission in support of the application. To address the
opposing points, she briefly explained that the home has more room than she and her
husband will need as they approach retirement. This method will help to secure their
future. She acknowledged Mr. Smith concerns by adding that the proposed use of their
property will improve the value of his property as he considers downsizing for retirement.
Commissioner Brooks asked the applicant if there were a prior attempt to sell the property
with a follow-up question of how long the property remained on the market. The applicant
confirmed that her home remained on the market for about a year and a half.
There was motion to approve the application as recommended by staff, including all staff
comments and conditions. The motion was seconded. The vote was 8 ayes, 1 nay and
2 absent.
7
September 24, 2020
ITEM NO.: 5 FILE NO.: Z-9524
NAME: Woodland Park – PRD
LOCATION: 13701 Kanis Road
DEVELOPER:
Woodland Park of Little Rock, LLC
15100 Pride Valley Road
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
White-Daters and Associates
Brian Dale
24 Rahling Circle
Little Rock, AR 72223
SURVEYOR/ENGINEER:
White-Daters and Associates
AREA: 10.13 acres NUMBER OF LOTS: 55
FT. NEW STREET: Approximately 1,250 LF
WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07
CURRENT ZONING: R-2
VARIANCE/WAIVERS:
1. Advance grading variance.
2. Variance from the Little Rock Stormwater Management and Drainage Manual.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to rezone the property from R-2 to PRD to allow the
property to be subdivided into 55 lots and three (3) tracts for attached and detached
single family residential development.
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
B. EXISTING CONDITIONS:
The property is currently occupied by a two-story single family residence and
associated accessory structure and pond, located within the north third of the
property. The remainder of the property is mostly tree covered.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and The Woodlands Edge,
Parkway Place and Citizens of West Pulaski County Neighborhood Associations
were notified of the public hearing.
D. ENGINEERING COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
2. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Kanis Road including
5-foot sidewalks with planned development. The new back of curb should
match the existing curb to the east and maintain the same width from
centerline.
3. The City of Little Rock will not assume maintenance responsibility of the
proposed public alleys. The alley should be maintained by the POA and
shown a private access and utility easements.
4. Woodland Park Drive is classified on the Master Street Plan as residential
local street with a minimum 50 ft. right-of-way and sidewalk on one side for
the entire length. A variance from the Master Street Plan is required for the
proposed right-of-way width for a minor residential street.
5. Traffic calming devices are required for long straight streets that exceed
900 ft. in length to discourage speeding. A pedestrian table is suggested with
a sidewalk crossing. Contact Nat Banihatti, Traffic Engr. at 379-1818 for
additional info.
6. Per the International Fire Code for fire access roads and turn arounds, special
approval is required for dead-end streets longer than 750 ft. from the CLR
Fire Marshal.
7. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction. Is the construction of the
subdivision proposed to be phased? Is a variance requested to advance
2
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
grade future phases with construction of Phase 1? Is a variance being
requested to clear and grade the lots with construction of the street and
drainage and utility infrastructure?
8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
9. Storm water detention ordinance applies to this property. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owner's association.
10. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
11. Per Sec. 31-89(5), a storm drainage analysis showing drainage data should
be provided for all watercourses entering and leaving the plat boundaries.
The storm drainage analysis shall show in sufficient detail the proposed
system's capability of accommodating storm events as required by City code.
12. Street Improvement plans shall include signage and striping. Public Works
must approve completed plans prior to construction.
13. Street lights are required by Section 31-403 of the LR code. Provide plans
for approval to Traffic Engineering. Street lights must be installed prior to
platting/certificate of occupancy. Contact Traffic Engineering 379-1813 for
more info.
14. Show on plan the proposed radiuses of the alleys with a detail of the turning
movement for a SU-30 vehicle if collection is desired in the rear. No City of
Little Rock residential waste collection service will be provided on private
streets unless the property owners association provides a waiver of damage
claims for operations on private property and collection vehicles can
maneuver within the subdivision for collection operations.
15. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements such as signage, landscaping, and pedestrian
tables with special pavement and architectural features located in the right-
of-way.
16. Provide a letter prepared by a registered engineer certifying the intersection
sight distance at the intersection(s) comply with 2004 AASHTO Green Book
standards.
17. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
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September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
18. 100 year overflow swales must be constructed and placed within public
drainage easements. All public drainage easements must be unobstructed
and access provided to the public right-of-way by constructed infrastructure
and/or documented on the final plat.
19. ADA compliant access must be provided to the mail kiosk.
20. The remaining 5 ft. wide dedicated right-of-way should be abandoned.
21. The entrance off Kanis Road should be modified. The center island should
be moved south from Kanis Road to the sidewalk and narrowed to a width of
10 ft. The proposed street width on either side of center island should be
reduced to 20 ft., the minimum width required by the Fire Code.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer main extension required with easements if new sewer service is required
for this project.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments received.
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.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall
not exceed 10 percent in grade except as approved by the fire chief.
4
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be maintained in an operable condition at all times and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval \by the fire code
official
8. Electric gate operators, where provided, shall be listed in accordance with UL
325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
5
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
One- or Two-Family Residential Developments.
As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code
Vol. 1, One- or Two-Family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds 30
shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and al dwelling units are equipped
throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the
Arkansas Fire Code, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with
future development, as determined by the fire code official.
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.
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is a change in occupancy and is therefore subject to current building code
requirements. Review and approval is required by Building Codes Division before
occupancy takes place. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Steve Crain at 501-371-4875; scrain@littlerock.gov
6
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
Residents containing 3 or more dwellings in one building must be separated
by 2 hour wall construction. All load bearing separation walls must be
constructed with 2 independent, 2 hour fire walls that run 18” through the
roof. One layer of 2 hour sheet rock must extend out 4 feet in all directions
where the separation wall meets adjoining walls. If such construction is not
used the building will be required to be fire sprinkled.
If the dwellings are sold individually all utilities must be separated to each
individual dwelling.
Landscape: No Comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
Land Use Plan: The request is in the Ellis Mountain Planning District. The Land
Use Plan shows Residential Low Density (RL) and Suburban Office (SO) for the
requested area. 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. Suburban Office category provides for
low intensity development of office or office parks in close proximity to lower
density residential areas to assure compatibility. A Planned Zoning District is
required. The application is to rezoning an area from R-2 (Single Family District)
to PRD (Planned Residential Development District) to allow the future
development of a single-family attach and detached subdivision at an overall
density of 5.5 units per acre on the site.
Surrounding the application area, the Land Use Plan shows Suburban Office (SO)
to the north and northeast; Residential Low Density (RL) to the southeast and
southwest: Park/Open Space (PK/OS) to the south; and Mixed Office Commercial
(MOC) to the northwest. Suburban Office category provides for low intensity
development of office or office parks in close proximity to lower density residential
areas to assure compatibility. A Planned Zoning District is required. 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 Park/Open Space category includes public parks, recreation facilities,
7
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
greenbelts, flood plains, and other designated open space and recreational land.
Mixed Office Commercial category provides for a mixture of office and commercial
uses to occur. Acceptable uses are office or mixed office and commercial.
Master Street Plan: To the north is Kanis Road and it is a Minor Arterial on the
Master Street Plan. A Minor Arterial provides connections to and through an urban
area and their primary function is to provide short distance travel within the
urbanized area. Entrances and exits should be limited to minimize negative effects
of traffic and pedestrians on Kanis Road since it is a Minor Arterial. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. ANALYSIS:
The applicant proposes to rezone the 10.13 acre property located at 13701 Kanis
Road from “R-2” Single Family District to “PRD” Planned Residential District for
the development of an attached and detached single family residential subdivision.
The applicant proposes to subdivide the property into 55 lots and three (3) tracts.
The northernmost 32 lots will contain eight (8) attached single family structures,
each containing four (4) single family residential units. The southernmost 23 lots
will be for detached single family residences. The three (3) tracts will be for open
space and stormwater detention. A 1,350 foot long public street (Woodland Park
Drive) will serve as access to the lots. The roadway will have a hammer-head
turnaround at its south end. A community mail kiosk (ADA accessible) will be
located along the west side of Woodland Park Drive. The attached single family
portion of the development will have private alleys to serve as access and for
garbage collection. The entire subdivision will be developed in one (1) phase.
The attached single family lots will range in width from 32 feet to 37 feet and depth
from 134 feet to 139 feet. Front building setbacks will be 15 feet for the eight (8)
northernmost lots and 20 feet for the remainder of the attached single family lots.
The rear setback for the attached single family lot will be approximately 40 feet.
This will include a 20 foot wide private alley and a rear access drive/parking pad
for each single family unit. The exterior side setback for the attached single family
buildings will be five (5) feet. Building heights will not exceed 35 feet.
The detached single family lots will have lot widths of 50 to 60 feet and lot depths
ranging from 110 feet to 160 feet. Front building setbacks will be platted at 20 feet.
Lots 17-25 will have rear setbacks of over 25 feet. Lots 26-39 will have rear
setbacks ranging from 15 feet to 25 feet, as those lots are adjacent to Tract B
(detention). The side building setbacks will be five (5) feet for interior setbacks
8
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
and 15 feet for the two (2) exterior setbacks (Lots 25 and 31). Driveways from
Woodland Park Drive will serve each detached single family residence. Building
heights will not exceed 35 feet.
Right-of-way for Woodland Park Drive will range from 50 feet to 70 feet. There will
be a sidewalk on one (1) side of the street. The street will have a hammer-head
turnaround at its south end. The Fire Department has approved the hammer-head
turnaround, subject to the private alleys being wide enough for ladder trucks
turning radii and the placement of “no parking” signs along the private alleys. The
applicant has agreed to this condition.
The applicant has also agreed to install a traffic calming device on Woodland Park
Drive. The applicant is working with Traffic Engineering on the design of the traffic
calming device.
The applicant is also requesting an advance grading variance to grade the lots at
the time of grading and construction of the subdivision infrastructure. Staff
supports the requested variance.
Tracts A and C will be located along the Kanis Road frontage. A sidewalk and
eight (8) foot high brick fence with ten (10) foot high-columns will be located within
these tracts. A secondary emergency access will be located within Tract A at the
northeast corner of the development. There will be a gate with knox box within the
proposed brick fence. There will also be a small entry island at the north end of
Woodland Park Drive, within its right-of-way. The island will include a subdivision
sign, with a maximum height of six (6) feet and a maximum area of 32 square feet.
The applicant is also requesting a variance from Section 5.8.2 of the Little Rock
Stormwater Management and Drainage Manual for the location of the dry detention
pond (Tract B) within 30 feet of a building. The drainage manual requires the limits
of the maximum ponding elevation of a dry detention pond to be at least 30 ft.
horizontally from a building and at least 1 ft. vertically from the lowest sill or floor
elevation. The applicant proposes for the maximum ponding elevation of the dry
detention pond to be within 30 ft. but no closer than 15 ft. horizontally from a
building and to be at least 2 ft. vertically below the lowest sill or floor elevation.
Staff supports the requested variance.
To staff’s knowledge there are no outstanding issues associated with this
application. The applicant provided responses and additional information to all
issues raised during staff’s review of the application.
Staff is supportive of the requested PRD zoning to allow a 55 lot attached and
detached single family residential development. Staff views the request as
9
September 24, 2020
ITEM NO.: 5 (Cont.) FILE NO.: Z-9524
reasonable. The property is comprised of 10.13 acres, with a proposed density of
5.5 residences per acre which falls within the Low Density Residential land use
designation. The proposed single family residential development represents a
continuation of the zoning pattern along the south side of Kanis Road west of Nix
Road. The proposed development will be very similar in nature to the Taylor Park
Subdivision which is located immediately to the east, and contains a mixture of
attached and detached single family residences. Staff believes the proposed
development will have no adverse impact on the general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested PRD zoning, including variances for
advance grading and from the Little Rock Stormwater Management and Drainage
Manual, subject to the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F, and the staff analysis, in the agenda staff report.
2. The Property Owners’ Association must provide a written waiver of damage
claims for operations on private property, for the residential waste collection
service to be provided within the private alleys.
STAFF UPDATE:
The applicant submitted a letter to Staff on September 4, 2020 requesting this application
be withdrawn, without prejudice. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was present. There was no person registered in support and one (1) person
registered in opposition. Staff informed the Commission that the applicant submitted a
letter on September 4, 2020 requesting this application be withdrawn, without prejudice.
Staff supports the withdrawal request. The item was placed on the Consent Agenda and
withdrawn as recommended by staff. The vote was 9 ayes, 0 ayes and 2 absent.
10
September 24, 2020
ITEM NO.: 6 FILE NO.: Z-9525
NAME: Mountain Park Addition - PRD
LOCATION: Northeast and Northwest corners of N. Taylor Street and “P” Street
DEVELOPER:
Forest Park Partners, LLC
Terra Firma Project, LLC
Billy and Jennifer Collins
OWNER/AUTHORIZED AGENT:
White-Daters and Associates
Brian Dale
24 Rahling Circle
Little Rock, AR 72223
SURVEYOR/ENGINEER:
White-Daters and Associates
AREA: 0.64 acre NUMBER OF LOTS: 6 FT. NEW STREET: 0 LF
WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 16
CURRENT ZONING: R-2
VARIANCE/WAIVERS:
1. None requested.
BACKGROUND:
The subject property is comprised of four (4) single family residential lots, two (2) lots at
the northeast corner of N. Taylor and “P” Streets ( Lots 6 and 7, Block 20, Mountain Park
Addition) and two (2) lots at the northwest corner of N. Taylor and “P” Streets (Lots 4 and
5, Block 21, Mountain Park Addition). The lots at the northeast corner are 1701 and 1705
N. Taylor Street, and the lots at the northwest corner are 1700 and 1704 N. Taylor Street.
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to re-subdivide each set of two (2) lots into three (3) lots
(six (6) lots total), and rezone the lots from R-2 to PRD for zero (0) lot line, single
family residential development.
B. EXISTING CONDITIONS:
Each of the four (4) subject lots contains a one-story single family residence.
Access to the lots is from N. Taylor Street or “P” Street. Paved alley rights-of-way
are located at the rear of all the lots.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the Heights, Prospect
Terrace and Forest Park Neighborhood Associations were notified of the public
hearing.
D. ENGINEERING COMMENTS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
N. Taylor Street and P Street on of the replats.
2. Cantrell Road is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required on 2 plats.
3. A 20 feet radial dedication of right-of-way is required at the intersection of
Cantrell Road and Polk Street.
4. The existing alley north of P Street between Taylor Street and Fillmore Street
should be repaved from P Street north to the north property line of the replat.
5. Provide existing adjacent right-of-way widths on plan.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements for Lots 9&10, Block 20 for this project.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
2
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
Central Arkansas Water: No comments received.
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.
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 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.
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No Comments.
Landscape: No Comments.
3
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
Land Use Plan: The request is in the Heights/Hillcrest Planning District. The Land
Use Plan shows Residential Low Density (RL) for the requested areas (4 sites).
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 the four sites from R-2 (Single
Family District) to PRD (Planned Residential Development District) for the
development of zero-lot line single-family houses at densities of 9.3 to 12.9 units
per acre.
Surrounding the application areas, the Land Use Plan shows Residential Low
Density (RL) to the east, west, south and between; Public Institutional (PI) to the
southeast; Park/Open Space (Strip) with Commercial (C) to the north; and
Residential Medium Density to the west. 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 Park/Open
Space category includes public parks, recreation facilities, greenbelts, flood plains,
and other designated open space and recreational land. Commercial category
includes a broad range of retail and wholesale sales of products, personal and
professional services, and general business activities. Commercial activities vary
in type and scale, depending on the trade area that they serve. The Residential
Medium Density category accommodates a broad range of housing types including
single family attached, single family detached, duplex, town homes, multi-family
and patio or garden homes. Any combination of these and possibly other housing
types may fall in this category provided that the density is between six (6) and
twelve (12) dwelling units per acre.
Master Street Plan: To the north (of two sites) is Cantrell Road and it is a Minor
Arterial on the Master Street Plan. To the south (of two sites) is P Street, between
(two sites) is Taylor Street, east (of one site) is Polk Street; these streets are
classified Local Streets by the Master Street Plan. A Principal Arterial is to serve
through traffic and to connect major traffic generators or activity centers within the
urbanized area. Entrances and exits should be limited to minimize negative effects
of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. The
4
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
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”. 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.
H. ANALYSIS:
The applicant proposes to rezone the two (2) lots located at each the northeast
and northwest corners of N. Taylor Street and “P” Street from “R”-2” Single Family
District to “PRD” Planned Residential District. The two (2) lots at the northeast
corner of the intersection are 1701 and 1705 N. Taylor Street, with the two (2) lots
at the northwest corner being 1700 and 1704 N. Taylor Street.
The applicant requests to re-subdivide each set of two (2) lots into three (3) lots
for single family residential development. The lots at the northeast corner of N.
Taylor Street and “P” Street are 140 feet deep, with proposed lot widths of 31.34
feet, 31.83 feet and 36.83 feet. The lots at the northwest corner are also 140 feet
deep, with proposed lot widths of 31.60 feet, 31.83 feet and 36.83 feet.
The applicant proposes to construct one (1) single family residence on each of the
six (6) resulting lots. The two (2) southernmost residences within each group of
three (3) will have a zero (0) side setback on their north side, with the other side
setbacks ranging from 4.6 feet to five (5) feet. The northernmost residence within
each group will be set back five (5) feet from its north side property line. All of the
proposed residences will maintain minimum 25 foot front and rear setbacks.
Each of the structures will have a maximum building height of 35 feet, which
conforms to the typical R-2 zoning standards. The structures will be constructed
of brick, stone and hardie board veneer, with aluminum and vinyl soffit and fascia.
The applicant notes that there will be no accessory structures constructed on any
of the lots.
The applicant is proposing a double driveway within the rear yard of each lot. Each
residence will have parking for three (3) vehicles, one (1) in the garage and two (2)
on the driveway. The driveways will be accessed via a paved alley along the rear
property line of each lot. The applicant has agreed to re-pave the alley behind
1700 and 1704 N. Taylor Street. The alley behind 1701 and 1705 N. Taylor Street
is in good condition.
5
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
The applicant provided responses and additional information to all issues raised
during staff’s review of the application. To staff’s knowledge there are no
outstanding issues. The applicant is requesting no variances with the proposed
PRD rezoning.
Staff is supportive of the requested PRD rezoning to allow the four (4) existing lots
to be re-subdivided into six (6) lots for single family residential development. The
proposal represents only a minor increase in platted density for the properties. The
overall property at each corner is comprised of one-third of an acre. There is
another example of smaller lot single family development within this neighborhood,
approximately one (1) block to the south, at the end of N. Fillmore Street. This five
(5) lot PRD development has lot widths of approximately 40 feet. Therefore, the
proposed six (6) lot development will not be out of character with the neighborhood.
Staff believes the proposed PRD zoning will have no adverse impact on the
general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested PRD zoning, subject to compliance
with the comments and conditions outlined in paragraphs D and E, and the Staff
Analysis, in the agenda staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was present, representing the application. There were two (2) supporters
and seven (7) registered objectors. Staff presented the application with a
recommendation of approval.
Mr. Tre Kitchens, Brad Hendricks Law Firm, addressed the Commission in support of the
application. He briefly explained the property owners’ commitment to the Mountain Park
area. Having developed similar properties to the east of the subject properties, the
developer is familiar with the neighborhood. To keep in character with the neighborhood,
the homes will have the same unique style as the homes previously constructed by the
developer. With respect to Lot 4 (Block 21), it has been the family home for over a
decade. Their intent is increase property values and develop the land for its highest and
best use. In conclusion, Mr. Kitchens asked to reserve the balance of his time for rebuttal.
Ruth Bell, League of Women Voters, addressed the Commission to clarify that her
previous opposition of the application has since been resolved. She confirmed no
opposition.
6
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
Susan Chan addressed the Commission in support of the application. She briefly
explained that she was in favor of new housing in the neighborhood which will offer more
variety and lot sizes. She expressed her potential interest in purchasing one of the
properties.
Elizabeth Drew registered in opposition of the application documenting that she did not
want to speak.
Tracy Stewart, 1606 North Polk Street, addressed the Commission in opposition of the
application. She expressed her concern regarding the style of the homes and the
distance between the homes. These are factors which do not speak to the support’s
statement that they are characteristics to the neighborhood. The five (5) homes that were
constructed years ago at the south end of North Taylor are the same cookie-cutter style
homes with forty (40) feet frontage and vinyl siding. To counter the condition of the alleys,
Mrs. Stewart expressed that the alley between North Taylor Street and North Fillmore
Street are in terrible condition. The construction of the large three (3) large homes on
regular side lots on Polk Street has created additional drainage issues. Consequently,
the alley between North Taylor and North Polk has deteriorated because of the standing
water from the rain. Since the City of Little Rock had decided not to repair these alleys,
the builder should be responsible for repair. In closing, Mrs. Stewart provided a copy of
the site plans to the Commissioners.
Scott Martin, 1708 North Polk Street, addressed the Commission in opposition of the
application. He briefly explained that Mr. Collins built his home with the promise to
continue to build houses of the same size and value as his home. His concern now is
that if these new constructions are allowed, then they will decrease his home’s value.
Mr. Martin expressed that this decision will set a precedent which will allow him to
continue this style of home in the rest of the subdivisions that he owns. Additionally, due
to the condition of the alleys and the fact that no one will maintain it, he has started patch
the holes. Having small children, the traffic on the alleyway is terrible. In conclusion, he
stated that he strongly opposes the proposal.
Thomas Nowlin addressed the Commission in opposition of the application. Referring to
the submitted graphics of the recent flooding due to the heavy rain, he emphasized that
the construction of these homes will produce a 260% increase in the loss of groundwater
absorption. Since the City of Little Rock has major drainage problems, pushing water
from the Heights down to the Hillcrest Community and further down south into the I-630
Corridor are issues not being considered. So, the 200 feet notification does not do justice
to what the issues are.
Incrementally and accumulatively, each approval of these types of projects pushes water
downhill to the people who its costing money. The developments should not be approved
at the expense of the neighbors, the Hillcrest Community, or those people who are farther
7
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
down the hill. Living directly south of where these proposed developments are located,
there are at least three (3) to four (4) inches of water all the way across the width of North
Taylor Street. The neighbor below him has spent thousands of dollars to waterproof the
underpinnings of her house. Another neighbor farther behind him is dealing with flooding
down the back alleyway.
Mr. Nowlin presented a challenge to the Commission to consider three (3) points prior to
the decision. Emphasizing that he does not oppose new construction, he stated his
opposition as four (4) lots being divided into six (6) lots and allowing six (6) homes in
place of four (4) homes. Aesthetically, this is totally out of character with the
neighborhood. Materially, this is increasing the existing drainage issues by pushing water
down hill with the taxpayers bearing the burden.
The following are his recommendations for the Commission prior to their decision:
1. Examine the most recent expenses to the City of Little Rock for drainage repair at
the base of North Taylor Street in the green area. He requested the cost for labor,
equipment, repair, and the time it took the city to repair the drainage issues created
by images shown on in the displayed picture.
2. Please conduct a drainage study. There is not a drainage study on file with the
Commission. The advancing of this type of permits indicates that he left hand does
not know what the right hand is doing.
3. If permitted, the builder should be prohibited from laying asphalt or concrete,
driveways and sidewalks in order to maximize all remaining areas for ground water
absorption. Additionally, the builder be required to install water barrels for all gutter
downspouts to impede and slowdown the advance of rainwater maximizing the
opportunity for ground absorption of the water.
Mr. Kitchens addressed the Commission as a rebuttal to the opposition. He explained
that the statement regarding the condition of the alley was from the Staff and not his client.
The opposition’s discrepancy between the views of the effects on their property values
was noted. Mr. Kitchens emphasized that the homes will raise the property values and
tax revenue for this neighborhood. In response to the drainage study, he pointed out that
if it were necessary the City would be able to conduct one. Although there have been
arguments that this created the problems, there is not any scientific study or evidence
presented other than anecdotal evidence that somehow these new homes are going to
make a drainage problem worse.
In respect to this being considered as an ugly proposal, he does not have to buy one
of the houses. These houses are in keeping with the neighborhood. They are an
improvement to the neighborhood. The existing houses were not allowed to deteriorate.
8
September 24, 2020
ITEM NO.: 6 (Cont.) FILE NO.: Z-9525
The people who are proposing the development currently live on Lot 4 and have done so
for more than a decade.
Mr. Kitchens concluded by stating that the application has been recommended by the
Staff for approval. It is an attempt to improve the neighborhood. Mr. Collins own several
properties in this neighborhood. Therefore, it is in his interest for the home values to
continue to grow and exceed. This is his business plan and how he feeds his family. He
is not going to create something to lower property values. That would be counter-intuitive
to anything he is trying to do.
Mr. Nowlin rebutted that he is happy with his property value and quite proud of his
90-year old home. His concern is not with his property value, but with the aesthetics of
the neighborhood. It will completely reshape what it looks like. Secondly, there is a
drainage issue. If a material study was not done, then shame on you. He stated that it
was not his problem. The drainage issue needs to be studied and needs to be addressed.
This impacts multiple communities beyond the 200 feet perimeter set for the notification
of this meeting.
Mrs. Stewart countered the support stating that three (3) of the four (4) homes have
deteriorated. The one house that has not is the one Mr. Collins owns and his parents live
in. That house is in perfectly good condition.
Commissioner Brooks inquired to Mr. Kitchens why has his client chosen to build three
(3) homes per lot. Mr. Kitchens stated that Mr. Collins does not want to build homes that
will price people out of the neighborhood. The neighborhood is highly sought after due
to the elementary school in the area. With a price point of about $500K, it prices the
homes more within the reach of young families to come in and have young children attend
that school. The emphasis to the plan is to not continue to build homes that are so far
out of the price range that they would not be able to live in the neighborhood.
There was motion to approve the application as recommended by staff, including all staff
comments and conditions. The motion was seconded. The vote was 4 ayes, 4 nays and
3 absent.
9
September 24, 2020
ITEM NO.: 7
Name: Resolution expressing intent to Zone Southeast Planning Area
Location: The area south and east of the currently Zoning area to the Planning
Boundary
Source: City of Little Rock
PROPOSAL / REQUEST:
To approve a resolution expressing the intent to zone the remaining extra-territorial
area.
ANALYSIS:
The State enabled the City to zone the area surrounding the City within three miles in
the late 1980s. This was an extension of the previously allowed zoning both up and
down stream on the Arkansas River (navigable stream) which had been allow for many
years.
Little Rock and other Arkansas City have been allowed to enforce their Subdivision
Ordinances in their Planning Areas for many years. This is done to help assure that
roadway corridors both existing and proposed are protected from development. The
government gets right-of-way and in some cases construction of needed roads through
the subdivision process. Little Rock has been doing this for decades within all of its
Planning jurisdiction.
Little Rock began implementing the zoning power in the western Planning Area since
this is where more growth was being seen in the subdivision process. During the 1990s
and early 2000s, Little Rock implemented zoning for its Planning Area west of the City.
Several use issues have been brought to the City within the area south and east of the
City. Since zoning had not been enacted for the area there was nothing the City could
do to address these concerns. The City believes it is now time to implement zoning
in the remaining Planning area. This is so that the City might be able to address use
issues that might be a nuisance and have negative impacts on the area.
STAFF RECOMMENDATIONS:
Staff recommends approval.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The Item was places on consent agenda for approval. By a vote of 9 for, 0 against and
2 absent the consent agenda was approved.
September 24, 2020
ITEM NO.: 7 (Cont.) PC Resolution
2
September 24, 2020
ITEM NO.: 8 FILE NO.: Z-567-A
NAME: Rezoning from I-2 to R-4
LOCATION: 1800 East 3rd Street
DEVELOPER:
Loblolly Development LLC
130 Bridgewater Point
Hot Springs, AR 71913
OWNER/AUTHORIZED AGENT:
David R. Thompson
SURVEYOR/ENGINEER:
Brooks Surveying
20820 Arch Street
Hensley, AR 72065
AREA: 0.22 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 6 CENSUS TRACT: 2
CURRENT ZONING: I-2
VARIANCE/WAIVERS:
1. None requested.
BACKGROUND:
The property located at 1800 East 3rd Street was rezoned from R-4 to I-2 in 1962, by
Ordinance No. 11,264. The property is comprised of two (2) legal lots of record; the south
half of Lots 13 and 14, Block “B”, Fletcher and Clark Addition.
September 24, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to rezone the 0.22 acre property from “I-2” Light Industrial
District to “R-4” Two-Family District. The rezoning is proposed in order to construct
one (1) duplex structure on each lot.
B. EXISTING CONDITIONS:
The property is undeveloped and grass-covered. There are a few small trees
within the front (south) portion of the property.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the East Little Rock
and Hanger Hill Neighborhood Associations were notified of the public hearing.
D. ENGINEERING COMMENTS:
No comment.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority:
Sewer is available but 15' deep in 3rd St. Separate services required for each lot
if new service is required.
Entergy: No comments received.
CenterPoint Energy: No Comments.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road
width with a hydrant. Where a fire hydrant is located on a fire apparatus access
road, the minimum road width shall be 26 feet, exclusive of shoulders.
2
September 24, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A
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. If
the grade exceeds 10 percent, approval will be denied and the applicant must
submit request to be reviewed by Fire Chief for Approval.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
Multi-Family Residential Developments
As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention
Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all building, including nonresidential
occupancies are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2
As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention
Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads regardless of whether they
are equipped with an approved automatic sprinkler system.
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
3
September 24, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A
(Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number
and Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No Comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: The request is in the East Little Rock Planning District. The
Land Use Plan shows Residential Medium Density (RM) for the requested area.
The Residential Medium Density category accommodates a broad range of
housing types including single family attached, single family detached, duplex,
town homes, multi-family and patio or garden homes. Any combination of these
and possibly other housing types may fall in this category provided that the density
is between six (6) and twelve (12) dwelling units per acre. The application is to
change the property from I-2 (Light Industrial District) to R-4 (Two Family District)
to allow for future development of the site.
Surrounding the application area, the Land Use Plan shows Residential Medium
Density (RM) to the south, east and west. There is an area of Park/Open Space
(PK/OS) then Mixed Use (MX) to the north. The Residential Medium Density
category accommodates a broad range of housing types including single family
attached, single family detached, duplex, town homes, multi-family and patio or
garden homes. Any combination of these and possibly other housing types may
fall in this category provided that the density is between six (6) and twelve (12)
dwelling units per acre. The Park/Open Space category includes all public parks,
recreation facilities, greenbelts, flood plains, and other designated open space and
recreational land. In this case the levee along the Arkansas River. The Mixed Use
category provides for a mixture of residential, office and commercial uses to occur.
A Planned Zoning District is required if the use is entirely office or commercial or if
the use is a mixture of the three.
4
September 24, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A
Master Street Plan: To the south is 3rd Street which is a Local Street on the Master
Street Plan. The primary function of a Local Street 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”. This
street may require dedication of right-of-way and may require street improvements
for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. ANALYSIS:
Loblolly Development, LLC, owner of the 0.22 acre property located at 1800 East
3rd Street, is requesting that the property be rezoned from “I-2” Light Industrial
District to “R-4” Two-Family District. The rezoning is proposed to allow
construction of two (2) duplex structures. The property is comprised of two (2)
legal lots of record; the south half of Lots 13 and 14, Block “B”, Fletcher and Clark
Addition. The property is currently undeveloped.
The property is located in an area of mixed uses and zoning. The property to the
east and north is zoned PCD and is part of the Rock City Marina and Yacht Club
development, a mixed use development. Two (2) churches are located within the
block to the southwest across East 3rd Street. There is a scattering of single family
homes to the south. Undeveloped R-4 zoned property is located to the west.
The City’s Future Land Use Plan designates this property as “RM” Residential
Medium Density. The requested R-4 zoning does not require a plan amendment.
Staff is supportive of the requested R-4 zoning. Staff views the request as
reasonable. The proposed R-4 zoning is consistent with the future plan
designation of Residential Medium Density. The adjacent properties to the west,
southeast and southwest are currently zoned R-4. Therefore, the proposed R-4
zoning will represent a continuance of the established zoning pattern in this overall
area. Staff believes rezoning this property to R-4 will have no adverse impact on
the adjacent properties or the general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
5
September 24, 2020
ITEM NO.: 8 (Cont.) FILE NO.: Z-567-A
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant failed to send the required
notifications to surrounding property owners. Staff recommended this application be
deferred to the October 29, 2020 Agenda. The item was placed on the Consent Agenda
and deferred as recommended by staff. The vote was 9 ayes, 0 nays and 2 absent.
6
September 24, 2020
ITEM NO.: 9 FILE NO.: Z-5096-D
NAME: Rezoning from PCD to O-3 and C-3
LOCATION: Southeast and Southwest corners of Kanis Road and Woodlands Trail
DEVELOPER:
Rocket Properties, LLC
c/o The Winrock Group
P.O. Box 3157
Little Rock, AR 72201
OWNER/AUTHORIZED AGENT:
White-Daters and Associates
Tim Daters
24 Rahling Circle
Little Rock, AR 72223
SURVEYOR/ENGINEER:
White-Daters and Associates
AREA: 9.95 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF
WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07
CURRENT ZONING: PCD
VARIANCE/WAIVERS:
1. None requested.
The applicant submitted a letter to Staff on September 4, 2020 requesting this application
be withdrawn, without prejudice. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant submitted a letter to staff
September 24, 2020
ITEM NO.: 9 (Cont.) FILE NO.: Z-5096-D
on September 4, 2020 requesting this application be withdrawn. Staff supported the
withdrawal request. The item was placed on the Consent Agenda and withdrawn as
recommended by staff. The vote was 9 ayes, 0 nays and 2 absent.
2
September 24, 2020
ITEM NO.: 10 FILE NO.: Z-9530
NAME: Rezoning from AF to R-4
LOCATION: 4920 Frazier Pike
DEVELOPER:
Jare Doyne
1592 Fox Trace Drive
Cordova, TN 38016
OWNER/AUTHORIZED AGENT:
Jare Doyne
SURVEYOR/ENGINEER:
Blew and Associates
3825 N. Shiloh Drive
Fayetteville, AR 72703
AREA: 0.31 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 24 CENSUS TRACT: 40.01
CURRENT ZONING: AF
VARIANCE/WAIVERS:
1. None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to rezone the 0.31 acre property located at 4920 Frazier
Pike from “AF” Agriculture and Forestry District to “R-4” Two-Family District. The
rezoning is proposed in order to construct one (1) duplex structure on the site.
September 24, 2020
ITEM NO.: 10 (Cont.) FILE NO.: Z-9530
B. EXISTING CONDITIONS:
A one-story frame single family residence currently exists within the north half of
the property. A gravel driveway and parking pad is located on the north side of the
residence. The rear yard is currently fenced.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and the College Station
Progressive League and Apple Blossom Neighborhood Associations were notified
of the public hearing.
D. ENGINEERING COMMENTS:
1. Frazier Pike is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this Site.
Entergy: No comments received.
CenterPoint Energy: No Comments.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department: Full Plan Review.
Parks and Recreation: No comments received.
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is subject to full commercial plan review and approval prior to issuance of
a building permit. For information on submittal requirements and the review
process, contact a commercial plans examiner:
2
September 24, 2020
ITEM NO.: 10 (Cont.) FILE NO.: Z-9530
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape: No Comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: The request is in the College Station/Sweet Home Planning
District. The Land Use Plan shows Residential Low Density (RL) for the requested
area. The 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 change the property from
AF (Agriculture and Forestry District) to R-4 (Two-Family Residential District) to
allow for the future development of the site.
Surrounding the application area, the Land Use Plan shows Residential Low
Density (RL) in all directions. The 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.
Master Street Plan: To the north is Frazier Pike and it is a Minor Arterial on the
Master Street Plan. A Minor Arterial provides connections to and through an urban
area and their primary function is to provide short distance travel within the
urbanized area. Entrances and exits should be limited to minimize negative effects
of traffic and pedestrians on Frazier Pike since it is a Minor Arterial. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There is a Class II Bike Route shown on Frazier Pike. A Bike Lane
provides a portion of the pavement for the sole use of bicycles.
H. ANALYSIS:
Jare Doyne, owner of the 0.31 acre property located at 4920 Frazier Pike, is
requesting that the property be rezoned from “AF” Agriculture and Forestry District
to “R-4” Two-Family District. The rezoning is proposed to allow construction of one
(1) duplex structure. The property is comprised of one (1) platted lot; Lot 4, J. E.
3
September 24, 2020
ITEM NO.: 10 (Cont.) FILE NO.: Z-9530
Carden’s Addition. The property currently contains a one-story single family
structure which will be removed from the site prior to construction of the duplex
structure.
The property is located in an area that is primarily zoned AF and R-2. There is a
scattering of other zonings in this immediate area; R-4, R-7A and PD-R. Single
family residences are located to the east, west and north (across Frazier Pike). A
church and construction company are located further east, along the south side of
Frazier Pike. An elementary school, daycare center and a small duplex
development are located further west. Undeveloped property is located to the
south.
The City’s Future Land Use Plan designates this property as “RL” Residential Low
Density. The requested R-4 zoning does not require a plan amendment.
Staff is supportive of the requested R-4 zoning. Staff views the request as
reasonable. The proposed R-4 zoning is consistent with the future plan
designation of Residential Low Density. The property is made up of almost one-
third of an acre. A duplex on this property will represent a density of approximately
six (6) units per acre. The proposed R-4 zoning will not be out of character with
the overall area. There is an R-4 zoned lot and a group of three (3) duplex
structures within three (3) blocks of the subject property. Staff believes rezoning
this property to R-4 will have no adverse impact on the adjacent properties or the
general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not 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 as placed on
the Consent Agenda and approved as recommended by staff. The vote as 9 ayes, 0 nays
and 2 absent.
4
September 24, 2020
ITEM NO.: 11 FILE NO.: Z-3457-A
NAME: Riverwalk Properties Duplexes
LOCATION: Southwest corner of 17th and Cumberland Streets
DEVELOPER:
Riverwalk Properties, LLC
P.O. Box 909
Rogers, AR 72757
OWNER/AUTHORIZED AGENT:
Riverwalk Properties, LLC
P.O. Box 909
Rogers, AR 72757
SURVEYOR/ENGINEER:
Thomas Engineering Company
3810 Lookout Road
North Little Rock, AR 72216
AREA: 0.344 NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 8 CENSUS TRACT: 47
CURRENT ZONING: R-4 (two-family district)
VARIANCE/WAIVERS:
No variance(s) request submitted with application.
STAFF UPDATE:
The applicant submitted a letter to staff on August 25, 2020 requesting this application be
deferred to the October 29, 2020 agenda. Staff supports the deferral request.
September 24, 2020
ITEM NO.: 11 (Cont.) FILE NO.: Z-3457-A
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant submitted a letter to staff on
September 23, 2020 requesting this application be withdrawn. Staff supported the
withdrawal request. The item was placed on the Consent Agenda and withdrawn as
recommended by staff. The vote was 9 ayes, 0 nays and 2 absent.
6
September 24, 2020
ITEM NO.: 12 FILE NO.: Z-4933-J
NAME: Splash Carwash & Oil Change-Revised PCD
LOCATION: 15707 Chenal Parkway
DEVELOPER:
Bradford Gaines, PLA
Collier International
1 Allied Drive #1500
Little Rock, AR 72202
OWNER/AUTHORIZED AGENT:
Tierpoint Hosted Solutions, LLC (George Dunklin Jr, Managing Partner)
SURVEYOR/ENGINEER:
Phillip Lewis Engineering, Inc.
23260 Interstate 30
Bryant, AR 72022
AREA: 3.03 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 18 CENSUS TRACT: 42.18
CURRENT ZONING: PCD, Planned Commercial Development
VARIANCE/WAIVERS: None requested.
BACKGROUND:
On December 10, 2010, the Planning Commission voted 9 ayes, 0 noes, 0 absent, and
2 open positions to recommend approval of the request to revise current PCD Planned
Commercial Development. On January 18, 2011, the Board of Directors adopted
Ordinance No. 20,383 revising the previously approved Planned Commercial
Development as recommended by the Planning Commission.
The approval allowed the creation of three (3) lots within the existing parcel and
established the allowed uses for Amusement, Commercial and the permitted uses within
the C-3 zoning district. The subject property contained 3.03 acres, which was the result
September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
of combining Lots 1B and 1C. The Altitude Trampoline Park commercial development
contained a 35,705 square foot facility existing on Lot 1B.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to revise the existing PCD Planned Commercial
Development to redevelop the property for a carwash and oil change complex.
The proposed plan entails converting the former trampoline park into an indoor
carwash facility and developing an oil and lube center at the corner of Kanis Road
and Wellington Hills Parkway.
As provided by the applicant, “the owner of Splash Carwash has a long track record
of owning and operating first class carwash and oil centers across Central
Arkansas with the following highlights regarding the proposed plan:
· Two tunnel wash systems inside of the building
· Two detail areas inside of the building
· Indoor vacuum areas for Premier Members
· Convenient outdoor vacuums
· Multiple stacking lanes and kiosks to serve customers
and to control traffic flow
· Three-bay Oil-Lube Facility
· Modern Architectural Styling
The new carwash and oil center will create 40 new jobs for Little Rock. The
facility’s operating hours will be 8:00 am to 9:00 pm, Monday through Sunday.
During all hours of operations, there will be staff at the facility.”
B. EXISTING CONDITIONS:
The site is the former Altitude Trampoline Park. To the east of the property is
Wellington Hills Road and across the right-of-way is Kum & Go Gas Station
currently zoned PCD, Planned Commercial Development. Chenal Parkway is
constructed to the Master Street Plan standard with a sidewalk located along the
property. South of the site across Kanis Road are several properties currently
zoned PCD, Planned Commercial Development. To the north of the site are the
following Planned Commercial Developments: Walgreens, Arby’s, and Christian
Brothers Automotive Repairs. Other surrounding uses in the area include
commercial and office uses.
2
September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site; and Parkway Place POA,
The Villages of Wellington Community Association, Citizens of West Pulaski
County Neighborhood Association, and Kanis Creek POA were notified of public
hearing.
D. ENGINEERING COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way to 45 feet from centerline will be required.
2. Dedication of right-of-way on Kanis Road to the back of the sidewalk will be
required.
3. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public
right-of-way prior to occupancy.
4. Damage to public and private property due to hauling operations of
construction-related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of occupancy.
5. In accordance with Section 32.8, no obstruction to visibility such as signage
shall be located within a triangular area 50 feet back from the intersecting
right-of-way line (or intersecting tangent lines for radial dedications) at the
intersections.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer available to this site. EAD
Analysis Required.
Entergy: No comments received.
CenterPoint Energy: No comments.
AT & T: No comments received.
Central Arkansas Water: No comments received.
Fire Department: Full Plan Review.
Parks and Recreation: No comments received.
3
September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
County Planning: No Comments.
F. BUILDING CODES/LANDSCAPE:
Building Code:
Project is subject to full commercial plan review and approval prior to issuance of
a building permit. For information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape and
buffer ordinance requirements and the Chenal/Financial Center Design
Overlay District.
2. Any new redevelopment or design of existing parking or vehicular use areas
are required to meet current zoning and landscape code specifications.
3. A perimeter planting strip is required along any side of a vehicular use area that
abuts adjoining property, or the right-of-way of any street. This strip shall be at
least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be
planted for every thirty (30) linear feet of perimeter planting strip.
4. 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 three (3) feet within the required landscape area.
Provide trees with an average linear spacing of not less than thirty (30) feet.
Any missing plant materials previously used to meet code requirements will
need to be replaced. Existing plant materials can be used to meet requirements
if noted to remain on the site plan and protected during construction.
A landscape plan indicating existing and proposed plant materials will be
required before a building permit can be issued.
5. All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way. Screen shall exceed the height of the dumpster or trash
containment areas by at least two (2) feet no to exceed eight (8) feet total
height.
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September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
6. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit towards fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
The request is in the Ellis Mountain Planning District. The Land Use Plan shows
Commercial (C) for the requested area. Commercial category includes a broad
range of retail and wholesale sales of products, personal and professional
services, and general business activities. Commercial activities vary in type and
scale, depending on the trade area that they serve. The application is to a revision
to an existing PCD (Planned Commercial Development) District to allow the
development of a carwash and oil change facility. The site is within the Chenal
Design Overlay District.
Surrounding the application area, the Land Use Plan shows Commercial (C) to the
east, west and north. Park/Open Space is shown to the south across Kanis Road.
Commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that they
serve. The Park/Open Space category includes all public parks, recreation
facilities, greenbelts, flood plains, and other designated open space and
recreational land (Rock Creek).
Master Street Plan:
To the north is Chenal Parkway and it is shown as a Principal Arterial on the Master
Street Plan. To the east is Wellington Hills Road and south is Kanis Road; they
are both shown as Minor Arterial on the Master Street Plan. A Principal Arterial is
to serve through traffic and to connect major traffic generators or activity centers
within the urbanized area. Entrances and exits should be limited to minimize
negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal
Arterial. A Minor Arterial provides connections to and through an urban area and
their primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Wellington Hills Road and Kanis Road since they both are a Minor
Arterial. These streets may require dedication of right-of-way and may require
street improvements for entrances and exits to the site.
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September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
Bicycle Plan:
There is a Class I Bike Path is shown along Chenal Parkway. A Bike Path is to be
a paved path physically separate for the use of bicycles. Additional right-of-way or
an easement is recommended. Nine-foot paths are recommended to allow for
pedestrian use as well (replacing the sidewalk).
ANALYSIS:
The applicant proposes to revise the existing PCD Planned Commercial
Development zoning for the property at 15707 Chenal Parkway. The property is
located at southwest corner of Chenal Parkway and Wellington Hills Road. Kanis
Road is located along the south property line. The existing building was previously
approved for use as a trampoline park, with C-3 permitted uses as alternate uses.
The site is located within the Chenal/Financial Center Design Overlay District.
The applicant proposes to redevelop the property as a carwash and oil change
complex. The existing building will be utilized as a two (2) tunnel carwash system,
a two (2) lane detail area, indoor vacuum spaces, customer waiting area and office
space. Access to the tunnel carwash and detail areas will be at the southwest
corner of the building. Access to the indoor vacuum spaces will be at the northeast
corner of the building. Outdoor vacuum areas will be located within the existing
paved parking area on the north side of the building. The applicant notes that the
existing building will be remodeled with “modern architectural styling.”
The applicant is also proposing to construct a 2,005 square foot building within the
south one-quarter of the property to serve as an oil change facility. The applicant
is proposing to subdivide the property in order to have the oil change facility on a
separate lot. The oil change building will be a three (3) bay facility.
Access to the carwash and oil change facilities will be via an existing driveway from
Wellington Hills Road, within the south half of the property. There will be three (3)
drive lanes, widening to four (4) pay kiosks, for the tunnel carwash. A driveway
from the main drive will access the three (3) bay oil change building. Cross-access
will exist between the carwash and oil change facilities. There is also existing
cross-access between this property and the property immediately to the west.
Adequate parking exists on the site to serve the proposed use.
The applicant is proposing two (2) dumpsters on the site; one (1) each for the
carwash and oil change facilities. The dumpsters will be located within the rear
(south) portion of the site. Section 36-523(d) of the City’s Zoning Ordinance
requires that dumpster areas be screened by an opaque fence or wall which
exceeds the height of the dumpster by at least two (2) feet, not to exceed eight (8)
feet in total height.
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September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
The applicant is also proposing several new exterior light poles throughout the site.
Section 36-349 (d) (2) of the code requires the following for lighting/utilities within
the Chenal/Financial Center Design Overlay District:
“(2) Lighting and utilities. Parking lot lighting shall be
designed and located in such a manner so as not to
disturb the scenic appearance of the corridor. Lighting
will be directed to the parking areas and not reflected to
adjacent parcels. All lighting and other utilities on lots
adjacent to Chenal/Financial Center Parkway which are
located in front of the rear line of the building, or in front
of the rear line of the building if such lighting and utilities
were constructed prior to building construction, shall be
underground. Notwithstanding the foregoing limitation,
no overhead utilities shall be constructed within one
hundred (100) feet of the Chenal/Financial Center
Parkway right-of-way.”
The Chenal/Financial Center Design Overlay District also regulates commercial
signage as follows:
“(1) Signage. Signage shall comply with the Little Rock Sign
Ordinance, except for ground mounted signs. The
maximum size of principal site signs along
Chenal/Financial Center Parkway shall be one hundred
(100) square feet in area and eight (8) feet in height.
Each landowner will be permitted to erect one (1) sign
per parcel, except for parcels fronting on two (2) different
streets upon which one (1) per street frontage may be
erected. The signs will be "monument" type signs.”
The applicant is proposing a new ground-mounted sign along the Chenal Parkway
property frontage. The sign will comply with the DOD standards, as it will have a
height of eight (8) feet and an area of 96 square feet. There is also an existing
monument-style ground sign at the southeast corner of the site. This sign also
appears to conform with the DOD standards, and will be on the oil change facility
parcel.
To staff’s knowledge there are no outstanding issues associated with this
application.
Staff is supportive of the requested Revised PCD zoning. Staff views the request
as reasonable. The applicant is requesting no variances with the proposed
re-development plan. The proposal represents a continuation of the zoning and
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September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
use pattern along this section of Chenal Parkway. The proposed use will not be
out of character with other uses in the area. There are other “C-4” type uses in the
area; auto repair, mini-warehouse, carwash, etc. Staff believes that the proposed
carwash and oil change facilities will have no adverse impact on the general area
and represents a quality re-development plan for this property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested PCD zoning, subject to compliance
with the comments and conditions outlined in paragraphs D, E and F, and the Staff
Analysis, in the agenda staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was present. There were no persons present registered in support or
opposition. Staff petition the Commission for a Waiver of Bylaws per Article V. (E)(13)
of the Bylaws of Little Rock Planning Commission for the Supplemental Notice of Zoning
Site Plan Review and Subdivision Site Plan Review, Article IV (5), which requires the
applicant to submit proof that at least a fifteen (15) day-notice of the Commission’s
hearing has been given to all property owners within two hundred (200) feet of any tract
for which an application has been filed. Staff explained that the first notice form had an
incorrect date of September 17, 2020. Upon discovery, the applicant sent a 2nd notice
registered express next-day mail to all required property owners. Since there were no
comments received by staff on the first or second notice, Staff asked the Commission to
waive the bylaws and to accept notification as completed by the applicant. Staff supports
the Bylaw Waiver.
The applicant stated that he was notified by staff on September 16, 2020 of the incorrect
date on the first notice. The following day, the applicant used overnight mail to distribute
the revised notice and a letter of explanation to all required property owners. Due to the
importance of timing, the applicant asked the Commission to waive the bylaws with
consideration of placing the item on the Consent Agenda.
The Commission inquired about the number of votes needed to waive the bylaws.
Deputy City Attorney Latimer confirmed a ¾ majority vote or six (6) votes. The
Commission asked the number of property owners required to be notified. The applicant
stated that fourteen (14) property owners were notified and there have been no calls or
questions regarding the proposed development.
The Commission inquired the item was placed on a previous meeting agenda or if this
was a result of a clerical error. Staff stated that the item’s original meeting agenda was
cancelled in March 2020 adding that the public notice and legal ad contained the correct
information. In addition, the public notice sign was posted by the required date.
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September 24, 2020
ITEM NO.: 12 (Cont.) FILE NO.: Z-4933-J
Commissioner Rahman inquired if the staff received any correspondence regarding the
erroneous notice and if there were any person present to object. The staff commented
that no call or correspondence has been received. It was also confirmed that no one
was registered in attendance.
There was a motion to grant the Waiver of Bylaws and to move the item to the Consent
Agenda as requested by staff. The motion was seconded. The vote was 9 ayes, 0 nays
and 2 absent.
Once approved for the Consent Agenda, staff presented the item and a recommendation
for approval as outlined in the “staff recommendation” above. There was no further
discussion. The item was approved as recommended by staff, including all staff
comments and conditions. The vote was 9 ayes, 0 nays and 2 absent.
9
September 24, 2020
ITEM NO.: 13 FILE NO.: Z-8089-A
NAME: Butler Minor Auto Repair- PCD
LOCATION: 12601 Alexander Road
DEVELOPER:
Jerry Butler
5905 Pierce Manse Loop
Benton, AR 72019
OWNER/AUTHORIZED AGENT:
Jerry Butler
P.O. Box 753
Mabelvale, AR 72103
SURVEYOR/ENGINEER:
Marion S. Foster
Arkansas Surveying & Consulting
1926 Salem Road
Benton, AR 72019
AREA: 5.06 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 16 CENSUS TRACT: 41.04
CURRENT ZONING: PD-I (Planned Development-Industrial) and R-2 (Single-family)
VARIANCE/WAIVERS:
None requested.
BACKGROUND:
September 2006 Ordinance No. 19,615 was passed by the Board of Directors of the City
of Little Rock approving planned zoning development and establishing a Planned
Industrial District titled Accurate Boring Company Short-form PD-I. The proposal included
September 24, 2020
ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A
rezoning 1.010 acres of the site from R-2 (single-family) to PD-I (Planned Industrial
District) to recognize an existing contractor’s office and storage yard. The remainder of
the property remained R-2 (Single-family). The site contains an existing single-family
residence and two (2) commercial buildings located along the rear portion of the site with
limited visibility from Alexander Road.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
Applicant is proposing rezoning the entire 5.06 acre site from R-2 (Single-
family)/PD-I (Planned Industrial District) to a PCD (Planned Commercial District)
for use of the existing commercial building as an automotive repair work shop with
the addition of one (1) bay door to the existing shop. A thirty-foot (30) awning will
be installed on the repair shop covering a newly poured concrete slab. The
applicant is also proposing to demolish the residential building and add four (4)
twenty-foot by eight-foot metal storage containers with awnings in between to
provide storage for the business located on the south portion of the property. New
fencing will be installed around the perimeter of main workshop and storage area.
B. EXISTING CONDITIONS:
A gravel driveway provides access to the property from Alexander Road. The
property is currently developed and contains one (1) residential building on north
portion of the site. On the south portion of the site lies two (2) commercial buildings
in combination with a gravel lot. The commercial buildings and gravel lot have an
existing fence around their perimeter. The area surrounding the property consists
of residential buildings to the north and east of the site. To the west of the site lies
a Planned Industrial Development (Wilbert Concrete Vault Co.). To the south lies
a Planned Residential District and additional R-2 (single-family) property. The
overall area contains a mixture of single-family, commercial and light industrial
uses and zoning.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200-feet of the site along with the Alexander
Road Neighborhood Association and Southwest LR United for Progress were
notified of the public hearing.
D. ENGINEERING COMMENTS:
1. Alexander Road is classified on the Master Street Plan as a minor arterial.
Dedication of right-of-way 45 feet from centerline will be required.
2. With future site development or expansion, provide design of street conforming
to the Master Street Plan. Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
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September 24, 2020
ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A
3. Is the eastern paved driveway located within an access easement?
4. A concrete driveway apron should be constructed for at least 10 ft. in length on
the west driveway from the edge of pavement of Alexander Road.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for the south part of Lot 1 on this
project.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments.
Fire Department: No comments received.
Parks and Recreation: No comments received.
County Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
The request is in the Otter Creek Planning District. The Land Use Plan shows
Mixed Office Commercial (MOC) for the requested area. Mixed Office Commercial
provides for a mixture of office and commercial uses to occur. Acceptable uses are
office or mixed office and commercial. The application is to change an area from
R-2 (Single Family District) and PDI (Planned Development Industrial) District to
PCD (Planned Commercial Development) District to allow for expansion of the
non-residential use on the site.
3
September 24, 2020
ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A
Surrounding the application area, the Land Use Plan shows Mixed Office
Commercial (MOC) to the east and west of the application area. To the north,
across Alexander Road is shown as Residential Low Density (RL) while to the
south Residential Medium Density (RM) is shown. Mixed Office Commercial
provides for a mixture of office and commercial uses to occur. Acceptable uses are
office or mixed office and commercial. The 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
Residential Medium Density category accommodates a broad range of housing
types including single family attached, single family detached, duplex, town homes,
multi-family and patio or garden homes. Any combination of these and possibly
other housing types may fall in this category provided that the density is between
six (6) and twelve (12) dwelling units per acre.
Master Street Plan:
To the north is Alexander Road and it is a Minor Arterial on the Master Street Plan.
A Minor Arterial provides connections to and through an urban area and their
primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Alexander Road since it is a Minor Arterial. This street may require
dedication of right-of-way and may require street improvements for entrances and
exits to the site.
Bicycle Plan:
There is a Class II Bike Route shown on Alexander Road. A Bike Lane provides
a portion of the pavement for the sole use of bicycles.
ANALYSIS:
The applicant requests to rezone the property located at 12601 Alexander Road
from “R-2” Single Family District and “PD-I” Planned Industrial District to “PCD”
Planned Commercial District to allow an existing commercial building to be used
as a minor auto repair business. The property is comprised of 5.06 acres. Slightly
over one (1) acre of the property, at the southwest corner of the overall site, was
previously zoned PD-I for a contractor maintenance yard type use (Accurate
Boring Company). The light industrial use operated from an existing 4,000 square
foot commercial building. There is also a smaller commercial building
(approximately 400 square feet) on the south side of the larger building. A small
single family residence is located within the north portion of the overall site. This
structure will be removed from the property.
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September 24, 2020
ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A
The applicant proposes to operate a minor auto repair business within the larger
commercial building. A 30 foot wide awning addition is proposed to the front (east
side) of the existing building. The minor auto repair will consist of tires, brakes, oil
changes, alternator/water pump replacement, etc. The applicant also proposes to
place four (4) eight (8) foot by 20 foot storage containers south of the existing
commercial building. The storage containers will be located 25 feet back from the
rear (south) property line. There will be an awning between the containers. The
containers will be used for storage for the business to include property
maintenance equipment. The proposed auto repair business will have hours of
operation of 8:00 a.m. to 5:00 p.m., Monday through Friday. The rear half of the
property will be enclosed with existing and proposed fencing.
There is an existing gravel driveway from Alexander Road which serves as access
to the site. The gravel drive extends to the commercial building near the southwest
corner of the site. There is existing gravel parking on the east side of the building.
The applicant proposes to use and maintain the existing gravel areas.
The applicant notes that there will be a four (4) yard dumpster on the site. The
dumpster will be screened as per ordinance requirements.
The applicant is also proposing a ground sign on the property along the Alexander
Road frontage. The sign will be 24 square feet in area and eight (8) feet tall.
The applicant does have a consent towing permit as part of the auto repair
business. Towing will be only for vehicles being serviced and repaired. There will
be no vehicle storage/ impound lot on the property.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff is supportive of the requested PCD zoning to allow use of the
existing commercial building for a minor auto repair business. Staff views the
request as reasonable. The existing commercial building was previously used for
a more intense light industrial type use. The property is located in an area
containing a mixture of industrial, light industrial, commercial and residential uses
and zoning. The Wilbert Concrete Vault Company is located on the five (5) acre,
PID zoned property immediately west of the subject property. There is other
industrial, light industrial and commercial zoning and uses to the north and
northeast, along Vimy Ridge Road and Alexander Road. There are single family
residences on larger lots to the east and on the north side of Alexander Road.
There is a smaller lot residential development to the south. The City’s Future Land
Use Plan designates this property as “MOC” Mixed Office Commercial. The
proposed minor auto repair use should prove to be a less intense use of the site
as the previous contractor maintenance yard use. Staff believes the proposed
PCD zoning and use of the property will have no adverse impact on the adjacent
properties or the general area.
5
September 24, 2020
ITEM NO.: 13 (Cont.) FILE NO.: Z-8089-A
STAFF RECOMMENDATION:
Staff recommends approval of the requested PCD zoning, subject to compliance
with the comments and conditions outlined in paragraphs D and E, and the staff
analysis, in the agenda staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 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 9 ayes, 0 nays and 2 absent.
6
September 24, 2020
ITEM NO.: 14 FILE NO.: Z-9529
NAME: Syed Ali – Planned Residential Development PRD
LOCATION: 7520 North Chicot Road
DEVELOPER:
N/A
OWNER/AUTHORIZED AGENT:
Syed Ali, Owner
SURVEYOR/ENGINEER:
Hall Engineering Group, LTD
P.O. Box 241302
Little Rock, AR 72223
AREA: 0.57 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.03
CURRENT ZONING: R-2, Single-Family District
VARIANCE/WAIVERS:
1.
2.
3.
STAFF UPDATE:
The applicant submitted a letter to Staff on September 8, 2020 requesting this application
be deferred to the October 29, 2020 agenda. Staff supports the deferral request.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not present. There were no persons present registered in support or
opposition. Staff informed the Commission that the applicant submitted a letter to Staff
September 24, 2020
ITEM NO.: 14 (Cont.) FILE NO.: Z-9529
on September 8, 2020 requesting this application be deferred to the October 29, 2020
Agenda. Staff supported the deferral request. The item as placed on the Consent
Agenda and deferred as recommended by staff. The vote was 9 ayes, 0 nays and
2 absent.
2
September 24, 2020
ITEM NO.: 15 FILE NO.: LA-0056-B
NAME: Colonel Glenn – Lawson Road Advanced Grading Variance
LOCATION: North side of Colonel Glenn Road at Lawson Road
APPLICANT: Bowman Plaza Lot 4 LLC
APPLICANT’S REPRESENTATIVE: White-Daters & Associates
AREA: Approximately 6.5 acres
CURRENT ZONING: Planned Commercial Development (PCD)
VARIANCES/WAIVERS REQUESTED: The renewal of a previously approved variance
from the Land Alteration Regulations to advance grade by clearing and cutting
approximately 6.5 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting the renewal of a variance from the Land Alteration
Regulations to advance grade by clearing and cutting approximately 6.5 acres on
the northside of Colonel Glenn Road. Previous approvals were granted by the
Planning Commission on October 3, 2013 and again on January 5, 2016. A
grading permit was issued for excavation to begin on March 2, 2017 and
excavation has continued.
A renewal of the previously approved variance to advance grade is being
requested to occur on the subject property located on the north side of Colonel
Glenn Road at the Colonel Glenn Road/Lawson Road intersection approximately
0.5 miles west of I-430. The variance would allow staff to re-issue a grading permit
for the advance grading activities to continue without imminent construction. Cut
material is proposed to be removed from the site and taken to nearby construction
sites.
B. EXISTING CONDITIONS:
The 6.5 acre area was originally hilly with dense trees. Currently all the trees have
been removed except for those within the undisturbed buffer. The subject property
is zoned Planned Commercial Development (PCD). The subject property is
located within the Little Rock city limits with the western property line is on the city
limits line. Advanced grading was approved for the subject property On October
3, 2013 and renewed on January 5, 2016. Advance grading activities have
occurred on site since March 2, 2017. The southern portion of the property is
proposed to be used to realign Colonel Glenn Road to the north and reduce the
street curvature.
September 24, 2020
ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B
East of the subject property is a developed property zoned planned office
development with office and warehouse uses. West of the subject property is an
undeveloped property outside of the Little Rock city limits zoned R-2. South of the
subject property is Colonel Glenn Road. South of Colonel Glenn Road, east of
Lawson Road is a grocery store on property zoned R-2. South of Colonel Glenn
Road, west of Lawson Road is Kinco Contractors. The property is zoned planned
commercial development. In addition to Kinco Contractors, there is a volunteer
fire station on property zoned R-2. North of the subject property is R-2 zoned
properties. One property on the north is used as a mobile home park. The other
property is undeveloped.
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. Also, at the time of writing, staff has received one (1) telephone call from
the owner of the grocery store on the southside of Colonel Glenn Road
complaining of runoff and sediment being deposited on his property from the site.
D. ENGINEERING COMMENTS:
1. The expired grading permit in accordance with section 29-186 (c) & (d) will
be required to be renewed and erosion and sediment controls reworked as
needed prior to any land clearing or grading activities at the site. Staff will re-
inspect the site prior to permit renewal.
2. Storm water detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the grading plan.
3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
4. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time
frame not to exceed one (1) year in duration from the time work commences
to installation of all final erosion control measures and vegetation.
6. Provide visual screening of the completed area by providing undisturbed
buffer strips or earthen berms. Plans shows a screening berm.
7. Construction access points should be shown on the grading plan. A curved
or angled road design should be provided to limit the visibility of the interior
grading work from adjacent streets. Access is shown on plan.
2
September 24, 2020
ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B
8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial
grass shall be established over all disturbed areas. Where indicated by soil
tests, pH adjustments and addition of fertilizer may be required.
9. Per Sec. 29-197(12), all erosion and stabilization controls, including
permanent vegetation and plantings and stormwater detention systems are
to be maintained by the responsible part for a period of 2 years following
completion of site grading.
10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or
more often if required by CLR shall be provided to encourage perennial
grass growth.
11. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed
through posting of cash, surety bond or letter of credit as referenced in
Sec. 31-431(2) at the time of final inspection of the grading activities.
12. The application fee of $75 is due for payment to CLR Public Works Dept.
Deliver payment to Vince Floriani.
13. Obtain a sign from CLR Public Works Dept. Vince Floriani to post at the site
viewable by the public.
14. Several water quality complaints have been received from adjacent property
owners. The existing erosion and sediment controls must be maintained and
reworked as needed to reduce sediment loss to the maximum extent
practicable. A diversion ditch should be constructed on the northside of
Colonel Glenn Road to the existing ditches and the existing ditching cleaned.
E. PLANNING STAFF COMMENTS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
2. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six (6) feet in height
shall be required upon the property line side of the buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the landscape ordinance of the city,
section 15-81.
Screening requirements will need to be met adjacent to the north residential
zoned property. Surveyor to mark and place protective fencing adjacent to
the residential buffer before any site work begins.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
3
September 24, 2020
ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B
requirements can be given when preserving trees of six (6) inch caliper or
larger.
F. ANALYSIS:
The applicant is proposing to continue to clear and grade approximately 6.5 acres.
Fill material will be cut from the subject property and trucked to nearby construction
sites. A grading permit is required to be obtained for the nearby construction site
prior to land alteration activities. Previous variance approvals were granted by the
Planning Commission on October 3, 2013 and January 5, 2016. A grading
permit was issued on March 2, 2017 and excavation has occurred since that
issuance date.
Gravel construction entrances is located off Colonel Glenn Road. The proposed
grading plan shows a maximum 32 ft. cut to occur on the subject property. The
applicant has agreed that grading will occur expeditiously, and the site will be
stabilized within 1 year of the issuance of the grading permit. Any damage to city
streets or infrastructure will be repaired by the applicant prior to the acceptance
and release of the 2 year maintenance bond.
Mud, dirt or any debris tracked on paved surfaces must be periodically removed.
Erosion control devices will be used during grading operations. The property will
be graded to sheet flow stormwater and not pond on the property except in the
constructed detention facilities. Maintenance of erosion controls, detention
facilities, and construction entrances will occur as needed during the grading
period. Within 14 days of completion of the final grading, the disturbed area will
be graded with 6 inches of topsoil and seeded and vegetated with native grasses.
When vegetation is established, the erosion control devices can then be removed.
The applicant will provide a 50 ft. undisturbed buffer measured from the west and
north property line. The area adjacent to Colonel Glenn Road will be graded and
cleared. A berm will be installed along Colonel Glenn Road. The berm will be
constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded, and
vegetated with native grasses. The berm will be constructed to a height sufficient
to provide visual screening of the completed area from adjacent properties and
streets.
The area adjacent to the east property line will be graded and cleared to the
property line. A berm will be installed along the east property line. The berm will
be constructed with 3:1 side slopes and graded with 6 inches of top soil, seeded,
and vegetated with native grasses. The berm will be constructed to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
Orange fencing will be installed along all undisturbed buffers to prevent entry.
4
September 24, 2020
ITEM NO.: 15 (Cont.) FILE NO.: LA-0056-B
G. RECOMMENDATION:
Staff recommends approval of the advanced grading variance request subject to
compliance with the comments and conditions as outlined in paragraph D of the
agenda staff report.
In addition to paragraph D and E, the variance request is subject to compliance
with the following condition:
1. A 50 ft. undisturbed buffer should be maintained along the western and
northern property lines;
2. A berm will be constructed adjacent to Colonel Glenn Road to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
3. A berm will be constructed adjacent to the east property line to a height
sufficient to provide visual screening of the completed area from adjacent
properties and streets.
4. The existing erosion and sediment controls must be maintained and reworked
as needed to reduce sediment loss to the maximum extent practicable.
A diversion ditch should be constructed on the northside of Colonel Glenn
Road to the existing ditches. Existing sediment and debris in the ditch and
offsite sediment deposits should be removed.
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not 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 9 ayes, 0 nays and 2 absent.
5
September 24, 2020
ITEM NO.: 16 FILE NO.: LA-0088
NAME: 15122 Cantrell Road Advance Grading Variance
LOCATION: 15122 Cantrell Road, NE corner of Cantrell Rd and Rummel Rd
Intersection
APPLICANT: John Rees
APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E., Holloway Engineering
AREA: Approximately 3 acres
CURRENT ZONING: Planned Development Office (PD-O)
VARIANCES/WAIVERS REQUESTED: Variance from the Land Alteration Regulations to
advance grade by clearing and cutting approximately 3 acres.
A. PROPOSAL/REQUEST:
The applicant is requesting the approval of a variance from the Land Alteration
Regulations to advance grade by clearing and cutting approximately 3 acres
northeast of the Cantrell Road and Rummel Road intersection located at
15122 Cantrell Road. The variance would allow staff to issue a grading permit for
the advance grading activities to commence without imminent construction. The
current grading and drainage plan was prepared in consideration of future
development of the subject property. The cut material from the subject property
will be hauled to the recently approved car wash development at 7706 Cantrell
Road which is owned by the applicant.
B. EXISTING CONDITIONS:
The approximate 3 acre property is undeveloped with dense tree cover in areas
and slopes generally to the south. The subject property has not trees where
buildings and parking areas were located from the past office development. The
subject property is zoned Planned Development Office (PD-O). A 3 restaurant
PCD application for this property was recently denied by the City of Little Rock
Board of Directors. The subject property is located within the Little Rock city limits.
East of the subject property is a newly constructed Taziki’s restaurant on property
zoned Planned Development Commercial (PD-C). West of the
subject property is Rummel Road. West of Rummel Road are developed
and undeveloped properties zoned R2 single family with 1 residence at
September 24, 2020
ITEM NO.: 16 (Cont.) FILE NO.: LA-0088
15621 Sorrells Road. North of the subject property is a large 43 acre undeveloped
tract zoned R2 single family. South of the subject property is Cantrell Road.
South of Cantrell Road are 2 residential developed properties zoned R2 single
family within the Westchester Subdivision. Also, south of Cantrell Road is an
unplatted 1.8 acre parcel zoned PD-O and R2 single family with 1 residential
structure and the Happy Days Groom and Board facility.
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 any inquiries into the application.
D. ENGINEERING COMMENTS:
1. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than residential
subdivisions, site grading and drainage plans must be submitted and
approved prior to the start of construction.
2. Storm water detention ordinance applies to this property. Show the proposed
location for temporary stormwater detention facilities on the grading plan.
3. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the start of
construction.
4. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time
frame not to exceed one (1) year in duration from the time work commences
to installation of all final erosion control measures and vegetation.
6. Provide visual screening of the completed area by providing undisturbed
buffer strip of trees or earthen berms. Per Sec. 29-197(3) provide line of sight
illustrations from adjacent street(s) and properties showing the constructed
berm as an elevation to obstruct view of the advance graded area for review
by the Planning Commission.
7. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial
grass shall be established over all disturbed areas. Where indicated by soil
tests, pH adjustments and addition of fertilizer may be required.
8. Per Sec. 29-197(12), all erosion and stabilization controls, including
permanent vegetation and plantings and stormwater detention systems are
to be maintained by the responsible part for a period of 2 years following
completion of site grading.
2
September 24, 2020
ITEM NO.: 16 (Cont.) FILE NO.: LA-0088
9. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more
often if required by CLR shall be provided to encourage perennial grass
growth.
10. Per Sec. 29-197(13), maintenance for the 2 year period shall be guaranteed
through posting of cash, surety bond or letter of credit as referenced in
Sec. 31-431(2) at the time of final inspection of the grading activities.
11. Is the retaining wall proposed to be constructed with the advance grading?
12. Obtain a sign from Vince Floriani to post at the site viewable by the public.
13. The application fee of $65.00 is due for payment to CLR Public Works Dept.
Deliver payment to Vince Floriani.
E. PLANNING STAFF COMMENTS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements and the Highway 10 Scenic Corridor
Overlay District.
2. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six (6) feet in height
shall be required upon the property line side of the buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the landscape ordinance of the city,
section 15-81.
Screening requirements will need to be met adjacent to the north residential
zoned property. Surveyor to mark and place protective fencing adjacent to
the residential buffer before any site work begins.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
F. ANALYSIS:
The applicant has agreed that grading will occur expeditiously and the site will be
stabilized within 1 year of the issuance of the grading permit. Grading activities
will commence just prior to or simultaneously with the construction of a recently
approved car wash at 7706 Cantrell Road. Cut material will be hauled to the car
wash site via Rummel Road to Cantrell Road. A gravel construction entrance will
be provided off Rummel Road to reduce tracking onto public streets. Any damage
3
September 24, 2020
ITEM NO.: 16 (Cont.) FILE NO.: LA-0088
to city streets or infrastructure will be repaired by the applicant prior to the
acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris
tracked on paved surfaces must be periodically removed. Erosion control devices
will be used during grading operations. The property will be graded to sheet flow
stormwater and not pond on the property except in the temporary detention
facilities shown on the plan. Maintenance of erosion controls, detention facilities,
and construction entrances will occur as needed during the grading period. When
vegetation is established, the erosion control devices can then be removed.
Section 29-197(4) of City code states the proposed plan shall provide for visual
screening of the graded area by providing undisturbed perimeter buffer strips and
earthen berms. The applicant proposes to construct a 4 ft tall earthen berm
adjacent to Cantrell Road and Rummel Road however, all trees will be removed.
To the east, all trees will be removed and no earthen berm constructed. To the
north, a 14 ft. wide undisturbed buffer strip will be provided.
Cantrell Road at this location is in the design overlay district establishing Highway
10 as a scenic corridor. Approximately 35,000 vehicles drive by this property daily.
Sec. 36-343 states the purpose of the Highway 10 Scenic Corridor district is to
protect and enhance the aesthetic and visual character of the lands surrounding
Highway 10. In particular, the purposes of this district are to protect and enhance
the scenic quality of the Highway 10 corridor by providing for sensitive
developments which will maximize the natural foliage and terrain while also
providing planted buffer and landscaped areas.
The City’s Land Alteration Regulations as found in Sec. 29-167 were adopted due
to concerns by residents, members of the Planning Commission and members of
the Board over the indiscriminate removal of trees, vegetation, fill and excavation
of properties that were then left undeveloped for years afterward. The current
regulations were adopted for the purpose of prohibiting the indiscriminate clearing
of property; excessive grading, clearing, filling, cutting or similar activities and to
preserve natural vegetation which enhances the quality of life of the community;
and to preserve the contours of the natural landscape and land form.
G. RECOMMENDATION:
Staff recommends denial of the advance grading variance as proposed by the
applicant. Except the north 14 feet, there are no undisturbed natural buffer strips
proposed and a 4’ berm will do little to obscure the hill-side cut. The recent rezoning
request has been denied by the Board. The property is in the Highway 10 Scenic
Corridor District and there is no proposal at this time to develop the property as
currently zoned for a planned office development. Staff recommends that no
grading occur on the site until plans are in place and ready to proceed for the future
development of this site.
4
September 24, 2020
ITEM NO.: 16 (Cont.) FILE NO.: LA-0088
H. PLANNING COMMISSION ACTION: September 24, 2020
The application was introduced by Mike Hood of Public Works staff. Jess Griffin
and John Rees, the applicant, explained the owner would like to use the soil from
this site for fill for the proposed car wash project at 7706 Cantrell Road. Mr. Rees
pledged to make this site as esthetically pleasing as other developments he has
completed in the City.
Ruth Bell from the League of Women Voters expressed opposition of the proposal,
stating the need to preserve Highway 10 to provide an attractive entrance to the
City bears more importance to the residents than the proposal.
An area resident, Jimmy Brown, also expressed opposition against the application
citing three issues: the site will be unattractive at the completion and does not
follow the Highway 10 Scenic Corridor overlay; drainage issues will arise from the
grading of the site; and his opposition to the construction driveway off Rummel
Road. Mr. Brown asked the proposal be denied until further plans of development
of the site was submitted to the City.
Monte Moore from City staff confirmed, it will take six (6) positive votes for approval
of the application. A motion was made and seconded to approve the advance
grading variance application. The vote was announced with 6 ayes, 2 noes, and
3 absent. Staff questioned Chairman Paul Latture on his vote. Mr. Latture
confirmed his negative (“no”) vote. Mr. Moore retallied the count and announced
the motion failed with a vote of 5 ayes, 3 noes, and 3 absent.
5
September 24, 2020
ITEM NO.: 17 FILE NO.: LA-0089
NAME: Parkland Heights Advanced Grading Variance
LOCATION: East side of Chenonceau Boulevard, North of Highway 10
APPLICANT: Dr. Shabbir Dharamsey
APPLICANT’S REPRESENTATIVE: Jess Griffin, P.E.
AREA: Approximately 0.9 acres
CURRENT ZONING: O1
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations
to advance grade by clearing and filling approximately 0.9 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to advance
grade by clearing and filling approximately 0.9 acre property north of Highway 10
and on the east side of Chenonceau Blvd. The area is directly north of the tributary
to the Little Maumelle River. The variance would allow staff to issue a grading
permit for the advance grading activities without imminent construction. Fill
material is proposed to be hauled to this site from a nearby construction project.
The filled area will slope to the natural grade at no steeper than 3:1. The applicant
proposes to clear and fill the portion of the property located in the 100-year
floodplain identified on the plan and leave out of grading the area located in the
100-year floodway.
B. EXISTING CONDITIONS:
The 0.9 acre property zoned O1 is undeveloped and tree covered. The property
is accessed from Chenonceau Boulevard solely on the West. No additional
driveway access is available. The property slopes to the east and south. On the
south, the subject property is bordered by a tributary of the Little Maumelle River
which has mapped 100-year floodplain and floodway.
West and north of the subject property is bounded by Chenonceau Boulevard.
West of Chenonceau Boulevard is the Parkland Heights Addition, developed into
Stonebridge Apartments and zoned MF18. South of the tributary is a grass
covered, undeveloped area, zoned PCD which is part of Ranch Properties. East
of the subject property are single-family patio homes on property zoned PD-R.
September 24, 2020
ITEM NO.: 17 (Cont.) FILE NO.: LA-0089
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 received no inquiries into the application from the public.
D. ENGINEERING COMMENTS:
1. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
2. A special Grading Permit for Flood Hazard Areas will be required to be
obtained per Sec. 8-283 prior to construction.
3. Storm water detention ordinance applies to this property. Show the proposed
location for stormwater detention facilities on the grading plan.
4. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a Certificate of
Occupancy.
5. Per Sec. 29-197(2), the grading shall be expeditiously completed in a time
frame not to exceed one (1) year in duration from the time work commences
to installation of all final erosion control measures and vegetation.
6. Provide visual screening of the completed area by providing undisturbed
buffer strips or earthen berms. Per Sec. 29-197(3) provide line of sight
illustrations from adjacent street(s) and properties for review by the Planning
Commission. The width of the temporary buffer strips shall be 6% of the lot
width and depth. The minimum width shall be 50 ft. where the subject
property is adjacent to other properties. In no event shall these buffers be
less than the width of the permanent buffers required for the development.
The maximum buffer width shall not exceed 100 ft. All buffers required in
conjunction with an advanced grading project shall be considered temporary
and shall be maintained until the property is developed.
7. Construction access points should be shown on the grading plan. A curved
or angled road design should be provided to limit the visibility of the interior
grading work from adjacent streets. Access location is shown.
8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial
grass shall be established over all disturbed areas. Where indicated by soil
tests, pH adjustments and addition of fertilizer may be required.
2
September 24, 2020
ITEM NO.: 17 (Cont.) FILE NO.: LA-0089
9. Per Sec. 29-197(12), all erosion and stabilization controls, including
permanent vegetation and plantings and stormwater detention systems are
to be maintained by the responsible part for a period of 2 years following
completion of site grading.
10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more
often if required by CLR shall be provided to encourage perennial grass
growth.
11. Per Sec. 29-197(13), maintenance for the 2year period shall be guaranteed
through posting of cash, surety bond or letter of credit as referenced in
Sec. 31-431(2) at the time of final inspection of the advanced graded area.
E. PLANNING STAFF COMMENTS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements and the Highway 10 Scenic Corridor
Overlay District.
2. A land use buffer six (6) percent of the average width / depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six (6) feet in height
shall be required upon the property line side of the buffer. A minimum of
seventy (70) percent of the land use buffer shall be undisturbed. Easements
cannot count toward fulfilling this requirement. The plantings, existing and
purposed, shall be provided within the landscape ordinance of the city,
section 15-81.
Screening requirements will need to be met adjacent to the east residential
zoned property. Surveyor to mark and place protective fencing adjacent to
the residential buffer before any site work or fill operations begins.
3. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
F. ANALYSIS:
The applicant responded to the comments found in Sections D and E. The
applicant proposes to fill the tree covered 0.9 acre property by hauling fill dirt from
the Hampton Astoria Apartments currently under construction on Chenal Valley
Drive. Portions of the property are out and within the 100-year floodplain.
Floodway area is located in the southern part of the property near the tributary.
Access is proposed from a gravel vehicle tracking pad from Chenonceau
Boulevard on the west side of the subject property out of the floodway.
3
September 24, 2020
ITEM NO.: 17 (Cont.) FILE NO.: LA-0089
The proposed 0.9 acre filling operation will occur on the property but outside of
the regulatory floodway. The applicant has agreed that grading will occur
expeditiously, and the fill activities will be complete and the subject property
stabilized within 1 year of the issuance of the grading permit. The applicant has
provided an erosion control plan showing silt fence and other erosion controls.
A grading plan was also provided showing the 0.9 acre property to be filled with an
average depth of 5 to 6 ft.
Maintenance of erosion controls and construction entrances will occur as needed
during the grading period. Within 14 days of completion of the final grading, the
disturbed area will be graded with 6 inches of topsoil and seeded and vegetated
with native grasses. When vegetation is established, the erosion control devices
can then be removed.
A 4 ft. tall earthen berm is proposed to be constructed adjacent to Chenonceau
Blvd. to obstruct views of the advance graded area. The remaining trees within
the floodway will provide a sufficient undisturbed buffer strip of natural trees to
obstruct views. No undisturbed buffer strip or berm is proposed to be constructed
along the east property due to both properties having the same owner.
G. RECOMMENDATION:
Staff recommends approval of the advanced grading variance request subject to
compliance with the comments and conditions as outlined in paragraph D and E
of the agenda staff report.
In addition to comments in paragraph D, the variance request is subject to
compliance with the following conditions:
1. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site.
2. A Special Flood Hazard Development permit will be obtained prior to
issuance of a grading permit.
3. Orange fencing will be installed along all undisturbed buffers and floodway to
prevent entry prior to beginning tree removal.
4. Erosion and sediment controls are required to be installed and maintained
during the clearing and filling activities.
5. All trees within the area to be advance graded will be removed prior to
commencing filling activities.
4
September 24, 2020
ITEM NO.: 17 (Cont.) FILE NO.: LA-0089
PLANNING COMMISSION ACTION: (SEPTEMBER 24, 2020)
The applicant was not 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 9 ayes, 0 nays and 2 absent.
5
� J_ J PLANNING COMMISSION VOTE RECORD DATE '¾2T�wa.,L 1-� Z.02-o �'I (�.J�
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MEMBER 1-i--3 5" 4 l( B s BERRY, CRAIG A BETTON, HAROLD MD ✓ BROCK, THOMAS L. A BROOKS, DERICK ✓ HAMILTON, SCOTT ✓ HART, TODD ✓ ,.,,..!' HAYNES, MARLON D. ✓ � LATTURE, PAUL ✓ �/ RAHMAN, ROBBIN S. ✓ / /
THOMAS, DIANA M. ✓/ V
VOGEL, ROBBY ✓ /
MEMBER A z, lf' In lb BERRY, CRAIG A BETTON, HAROLD MD ✓✓ ✓•vBROCK, THOMAS L. A BROOKS, DERICK ✓V ✓•✓HAMILTON, SCOTT •v ✓ A AHART, TODD •v ✓✓ ✓ HAYNES, MARLON D. ✓v v ✓ VLATTURE, PAUL •✓✓ ✓,
RAHMAN, ROBBIN S. ✓✓ ✓ V •THOMAS, DIANA M. •✓✓ • •
VOGEL, ROBBY •✓•• ✓
LAY E • NAVE ..d_ABSENT 1.ABSTAIN &_RECUSE
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Meeting Adjourned h .' fp P.M.
September 24, 2020
There being no further business before the Commission, the meeting was adjourned at 6:40 p.m.
Date
Chairman Secretary