HomeMy WebLinkAboutpc_05 01 2014
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
MAY 1, 2014
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Jennifer Martinez Belt
Craig Berry
Alan Bubbus
Buelah Bynum
Keith Cox
Janet Dillon
Keith Fountain
Bill May
Obray Nunnley, Jr.
Tom Brock
Members Absent: Rebecca Finney
City Attorney: Debra Weldon
III. Approval of the Minutes of the March 20, 2014 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MAY 1, 2014
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. G-23-443 Alley – Right-of-Way Abandonment
Block 4, Clark’s Addition
B. Z-8913 Dougan Duplexes – Conditional Use Permit
5519 – 5523 Lee Avenue
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-5150-B Hick’s Mini-Warehouse – Conditional Use Permit
7500 Mabelvale Cut-Off
2. Z-8626-A Arkansas Baptist College Classrooms and Offices –
Conditional Use Permit
1700 Martin Luther King, Jr. Drive
3. Z-8930 and
G-23-444
Thousand Hills Church – Conditional Use Permit
and Fairlane Acres Subdivision reduction
to acreage
Southwest corner of I-430 and David O Dodd Road
4. Z-8931 Tender Hearts Day Care – Conditional Use Permit
1001 Brown Street
5. Amendments to various provisions of Chapter 36 of the Code of
Ordinances related to “Mobile Canteen Units”
6. MSP14-02 Master Street Plan Amendment, change David O
Dodd from Minor Arterial to Collector, from David O
Dodd/Crystal Valley Connection to Stagecoach
Road
May 1, 2014
ITEM NO.: A FILE NO.: G-23-443
Name: Alley – Right-of-Way Abandonment
Location: Block 4, Clark’s Addition (block bounded by West 23rd,
West 24th, Arch and Gaines Streets)
Owner/Applicant: Various owners/Mildred Randolph
Request: To abandon the 20 foot wide (north/south) alley
right-of-way located within Block 4, Clark’s Addition.
Purpose: To limit/reduce pedestrian traffic through the alley.
STAFF REVIEW:
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the utility companies object to the abandonment
request. Several of the utilities request to retain all or part of the area of
abandonment as a utility easement. The Public Works Comment is as follows:
1. Easement should be maintained within alley for storm water drainage areas.
2. No residential waste collection service will be provided on private streets or
alleys unless the property owners association provides a waiver of damage
claims for operations on private property.
B. Master Street Plan:
There are no Master Street Plan issues associated with this abandonment
request, as the right-of-way is not classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain:
The alley right-of-way is paved and drivable. The pavement is deteriorating in a
few spots. Several of the owners of the abutting properties utilize the alley right-
of-way for vehicular access to the rear of the lots.
D. Development Potential:
The abandonment is proposed in order to construct a fence running
perpendicular across the alley (at a point to be agreed to by the abutting property
owners) to prohibit pedestrian traffic through the alley. Vehicular access to the
rear of the lots will be maintained. The alley right-of-way will need to be retained
as an access easement.
May 1, 2014
ITEM NO.: A (Cont.) FILE NO.: G-23-443
2
E. Neighborhood and Land Use Effect:
There are six (6) single family residences within the west half of the block (five
(5) abutting the alley right-of-way). There is a commercial building and four (4)
single family residences within the east half of the block.
F. Neighborhood Position:
The Downtown Neighborhood Association was notified of the abandonment
request. All adjacent property owners have signed-off on the abandonment
request. As of this writing, staff knows of no objectors to the abandonment
request.
G. Effect on Public Services or Utilities:
Wastewater: No objection to abandonment. Retain alley right-of-way as an
easement for existing sewer main.
Entergy: No objection to abandonment. Retain as easement for existing
facilities. Entergy will also require twenty-four (24) hour access to its facilities in
this alley for on-going maintenance, restoration and improvement purposes.
Vehicular access may be required from time-to-time depending on the nature of
the required work. If some type of barrier is used to limit vehicular access to this
alley, then it should be removable/ “openable” so that Entergy’s employees may
move it when emergency access is required.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment. Retain as easement.
Water: No objection to abandonment.
H. Reversionary Rights:
According to an abstract company, there are no reversionary clauses for the
subject alley right-of-way.
I. Public Welfare and Safety Issues:
Abandoning this right-of-way will have no adverse impact on the public welfare
and safety. The Little Rock Fire Department has reviewed and approved the
abandonment request.
May 1, 2014
ITEM NO.: A (Cont.) FILE NO.: G-23-443
3
SUBDIVISION COMMITTEE COMMENT: (APRIL 9, 2014)
Mildred Randolph was present, representing the application. Staff described the
proposed right-of-way abandonment, noting that there were no outstanding issues. The
use of the right-of-way after abandonment was briefly discussed.
After the discussion, the Committee forwarded the issue to the full Commission for
resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the 20 foot wide (north/south)
alley right-of-way located within Block 4, Clark’s Addition, subject to the entire area of
abandonment being retained as a utility, drainage and access easement.
PLANNING COMMISSION ACTION: (MARCH 20, 2014)
Staff informed the Commission that the application needed to be deferred based on the
fact that the applicant was in the process of obtaining signatures/consent from two (2)
owners of property which abuts the alley right-of-way. Staff recommended deferral to
the May 1, 2014 agenda.
The item was placed on the Consent Agenda and deferred to the May 1, 2014 agenda
as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicant was present. There were no objectors present. 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 by a vote of 10 ayes, 0 noes and 1 absent.
May 1, 2014
ITEM NO.: B FILE NO.: Z-8913
NAME: Dougan Duplexes – Conditional Use Permit
LOCATION: 5519-5523 Lee Avenue
(Lots 3, 4 and 5, Block 18, Pfeifer’s Addition)
OWNER/APPLICANT: Douglas Dougan
PROPOSAL: A conditional use permit is requested to allow for the
construction of a duplex structure on each of three
R-3 zoned lots.
1. SITE LOCATION:
The properties are located on the south side of Lee Avenue, between Polk
and Taylor Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The properties are located in an area that is primarily single family in use
and zoning, although other uses exist in the general area. Although it is
difficult to determine with certainty, duplexes apparently are located at the
NW corner of Lee and Polk, Woodlawn and Taylor and two blocks to the
SE along “C” Street. An area of R-4 (single family or two family) zoning is
located along “B” Street to the south. Most of the R-4 zoned structures
appear to be single family. Multifamily and non-residential zoning are
located several blocks to the west and south.
Staff has concerns that the proposed duplexes are not compatible with
uses in the area. Additionally, the design proposes parking pads that are
parallel with the street, not perpendicular as is more typical in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Hillcrest Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Each lot requires 3 parking spaces; 1 ½ space per unit. The applicant is
proposed 2 spaces per unit. Two spaces will be located at the front of
each lot and two will be located at the rear. A shared driveway will be
built between lots 4 and 5 (middle and east lots) and a single driveway
will be built on lot 3 (west lot). There is a platted but undeveloped alley
to the rear. The applicant cannot improve and widen the alley for access
since he does not own the properties to the east, connecting the alley
to Polk Street.
May 1, 2014
ITEM NO.: B (Cont.) FILE NO.: Z-8913
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Lee Avenue is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be
required.
2. All curb cuts and driveway aprons not proposed to be used should be
removed and the curb replaced.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Entergy has no issues. Service will be provided from the alley
where existing lines are located. Contact Entergy in advance for service
needs.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections. All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
Fire Department: Approved as submitted. Maintain access.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
May 1, 2014
ITEM NO.: B (Cont.) FILE NO.: Z-8913
3
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2014)
The applicant was present. Staff presented the item and noted additional
information was needed on proposed building design. The applicant was asked
to indicate any proposed fencing. Staff made note of the amount of paved area
on the site and suggested that the applicant reduce the size of the parking pads
and combine driveways. The possibility of utilizing the alley for access was
discussed. It was determined that the 15’ wide alley right-of-way was of
insufficient width and the applicant did not control the properties extending to the
intersecting street at the end of the alley so additional right-of-way could not be
obtained. Staff expressed concern that the proposed site plan offered only
pavement and building with little green area.
Public Works, Utility and Outside Agency Comments were noted.
The applicant was advised to respond to staff issues by February 26, 2014. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Douglas Dougan, owner of the three R-3 zoned lots described as Lots 3, 4 and 5,
Block 18, Pfeifer’s Addition, is requesting approval of a conditional use permit to
allow for construction of a duplex structure on each of the 3 lots.
Each duplex structure is being designed with the duplexes “back-to-back”. One
unit of the duplex will face toward Lee and one unit will face toward the rear
of the property. Each dwelling will be approximately 1,000 square feet with
2 bedrooms and 2 baths and will be built craftsman style with a front porch
across the entire width of the structure. The structures will have brick around the
foundation and porch column base and a Hardi board siding exterior. The
structures will have 8-12 pitched roof with architectural asphalt shingles.
Each unit will be provided two parking spaces. Each lot will have a two-space
parking pad at the front and a two space pad at the rear. A driveway will extend
from Lee to the rear of each lot. The parking spaces are designed “flag pole”
style with the spaces being parallel to the street. All parking and drives will be
asphalt paved.
The alley right-of-way is not an acceptable alternative to provide access to the
rear of the lots due to the narrow width of the right-of-way. The result is the
properties have parking pads in the front and rear and driveways down one side
of each lot. The amount of paved area, combined with the area of the structures,
May 1, 2014
ITEM NO.: B (Cont.) FILE NO.: Z-8913
4
leaves little in the way of yard or green spaces. The style of parking, with the
parking bays in front of the buildings, is not similar to the typical parking found
in the single family neighborhood.
Staff does not feel the proposed use and site design are compatible with existing
development in the neighborhood. The 1921 bill of assurance for Pfeifer’s
Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends denial of the proposed CUP.
PLANNING COMMISSION ACTION: (MARCH 20, 2014)
The applicant was present. There were two (2) objectors present. Three (3)
letters of opposition had been received by staff and forwarded to the
Commission. Staff presented the item and a recommendation of denial.
The applicant, Douglas Dougan, addressed the Commission and stated he
would just like to find a plan that was acceptable to the City and his neighbors.
He stated he could defer and redesign the project if he thought there was a
chance it could be approved.
Dana Carney, of the Planning staff, suggested the Commission hear from the
objectors to see what concerns they had.
Dorsey Williamson, of 5509 Lee Avenue, spoke in opposition. He state the
neighborhood was primarily single family and the proposed duplexes were not
appropriate. Mr. Williamson voiced concerns about increased traffic and the
potential impact on property values.
Ruth Bell, of the League of Women Voters, stated duplexes could be appropriate in
a single family neighborhood, if they were designed to fit in with the neighborhood.
She stated it appeared Mr. Dougan was trying to do too much on the site. She
expressed concern about the parking in the front yard and the lack of “livability” or
green space.
Mr. Dougan stated he was open to suggestions and was willing to defer if there
was a chance of the application being approved, but he did not want to waste his
time otherwise. He made note of other duplexes in the area and stated some of
those made use of substandard alleys for rear access.
May 1, 2014
ITEM NO.: B (Cont.) FILE NO.: Z-8913
5
Commissioner Nunnley told Mr. Dougan it appeared he was asking for a deferral
based on a reasonable expectation of approval and the Commission did not do
that. He told Mr. Dougan he could defer to try to address the issues that were
raised in the discussion.
Mr. Dougan then requested deferral.
A motion was made to defer the item to the May 1, 2014 meeting. The motion
was approved by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE AND RECOMMENDATION:
In response to concerns he heard voiced at the March 20, 2014 Commission
meeting, the applicant has submitted a revised development plan for the three
lots.
The proposed duplex units are now two-story, “townhouse” style, reducing the
building footprint by half. All parking has been taken out of the front yard and a
twenty-five (25) foot front yard is indicated. A paved driveway will extend to
four (4) parking spaces which will be located at the rear of each lot. The
buildings will be constructed with an exterior finish of brick, stucco and stone.
The roofs will have an 8/12 pitch with architectural asphalt shingles.
Staff believes the applicant has submitted a development proposal that is much
more compatible with the neighborhood and is more in keeping with the
residential development in the surrounding neighborhood.
Staff recommends approval of the revised CUP application subject to compliance
with the comments and conditions outlined in Sections 5 and 6 of the agenda
staff report.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicant was present. There were two (2) persons present in opposition
and one (1) person present in support. Staff had received two (2) letters and an
e-mail in opposition which had been forwarded to the commission. Staff
presented the item and a recommendation of approval of the amended
application subject to compliance with the comments and conditions outlined in
Sections 5 and 6 of the agenda staff report.
The applicant, Doug Dougan, stated he would reserve his time to respond to any
issues raised by the other persons present.
May 1, 2014
ITEM NO.: B (Cont.) FILE NO.: Z-8913
6
Brooks B. Chambers, of 5527 Lee Avenue, read from a letter which his wife had
sent to the commission. In that letter, she expressed concerns about density,
increased traffic and potential impact on property values in the area.
Ruth Bell, of the League of Women Voters of Pulaski County, spoke in support of
the item. She reminded the commission that she had spoken in opposition to the
previous plan. She stated Mr. Dougan had responded to the League’s previous
concerns and the League was now in support of this amended plan. Ms. Bell
stated she understood concerns about traffic but what was being proposed was a
duplex residential development, not a high-traffic apartment complex. She stated
she felt the development would be a positive addition to the neighborhood.
Dorsey Williamson, owner of the property at 5527 Lee Avenue, spoke in
opposition. He voiced concerns about increased density, increased traffic and
crime in the area. Mr. Dorsey stated he had considered buying the three lots to
build single family homes but could not make the numbers work. He stated the
only was Mr. Dougan could make the financial numbers work was to build
duplexes. Mr. Williamson expressed concerns that approving this application
could lead to additional duplex applications in the area.
Mr. Dougan stated he had built other townhouse homes in the area, on “C”
Street. He stated these duplexes would be two-bedroom units marketed to
single individuals, such as med-school students, and not families. He stated they
would not generate an excess amount of traffic.
Director of Planning Tony Bozynski stated the prior plan had a number of issues
that Mr. Dougan had addressed. He stated the zoning pattern in the area was
mixed and there were a number of duplex and higher zoned properties in the
area.
Commissioner Berry stated he found it ironic that Mr. Williamson had himself
stated that he could not make the numbers work to build single family homes on
the lots, yet he was opposed to Mr. Dougan’s proposal to build duplexes. He
stated he felt it was highly unlikely that these lots would be developed as single
family. Commissioner Berry stated he thought this was a good, sustainable
development.
A motion was made to approve the amended application, including all staff
comments and conditions. The motion was approved by a vote of 10 ayes,
0 noes and 1 absent.
May 1, 2014
ITEM NO.: 1 FILE NO.: Z-5150-B
NAME: Hicks Mini-Warehouse – Conditional Use Permit
LOCATION: 7500 Mabelvale Cut-Off
OWNER/APPLICANT: Satpal Kambos/H. Mark Hicks
PROPOSAL: A conditional use permit is requested to allow for
construction of a mini-warehouse development on this
vacant, C-3 zoned, 2± acre tract.
1. SITE LOCATION:
The property is located on the north side of Mabelvale Cut-Off, one
property east of Chicot Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the commercial node at the Mabelvale Cut-
Off/Chicot Road intersection. Uses on the C-3 zoned properties around
the intersection include retail stores, convenience stores with gas pumps,
restaurants and small food stores. The R-2 zoned properties to the north
and east are heavily wooded and undeveloped. Other uses in the general
area include churches and a funeral home. Development of this site as a
mini-warehouse complex appears to be compatible with uses and zoning
in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and SWLR United for Progress, Rob Roy,
Chicot, West Baseline and Legion Hut Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
A single drive will provide access to the site from Mabelvale Cut-Off. Five
parking spaces will be located at the front of the site, near the office. The
paved areas around and adjacent to the storage units will provide parking
for the customers using the facility.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
May 1, 2014
ITEM NO.: 1 (Cont.) FILE NO.: Z-5150-B
2
A land use buffer 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 proposed, shall be
as provided within the Landscape Ordinance of the City, Section 15-81.
The properties to the north and east are zoned R-2, therefore, a minimum
eighteen (18) foot buffer (6% of the average lot width) is required on the
east property line and a seventeen (17) foot wide buffer (6% of the
average lot depth) is required along the north property line.
Landscape within or adjacent to vehicular use areas shall be protected
with wheel stops, curbing, or other vehicular controls.
Landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building, excluding truck
loading or service areas not open to public parking. These areas shall be
equal to an equivalent planter strip three (3) feet wide along the vehicular
use area.
Dumpsters shall be screened from abutting properties and streets. The
screen shall exceed the height of the dumpster or trash containment areas
by a least two (2) feet not to exceed eight (8) feet total height.
The development of two (2) acres or more requires an approved
landscape plan stamped with the seal of a registered landscape architect
prior to the issuance of a building permit.
A landscape irrigation system shall be required for developments of one
(1) acre or larger.
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.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
May 1, 2014
ITEM NO.: 1 (Cont.) FILE NO.: Z-5150-B
3
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.
3. Storm water detention ordinance applies to this property.
4. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior to
the start of construction.
5. Close existing curb cuts not proposed to be used by installing curb and
gutter and possibly new sidewalk if the sidewalk is below the top of
curb.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has a three (3) Phase power
line along Mabelvale Cut-off Road at the front of the property. Contact
Entergy in advance for electrical service needs to nail down line location.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
May 1, 2014
ITEM NO.: 1 (Cont.) FILE NO.: Z-5150-B
4
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted. Place Fire hydrants per Code
and maintain access.
Building Codes Comment: Project is subject to full commercial plan
review 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.org
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 19, 2014)
The applicant was present. Staff presented the item and noted little additional
information was needed. The applicant was asked to label the building setbacks
on the site plan. In response to a question, the applicant stated the back of the
buildings would serve as screening and opaque fence would be installed at the
couple of points where there were gaps in the buildings.
Public Works, Landscape and Outside Agency Comments were noted.
The Committee determined there were no other issues and forwarded the item
to the full Commission.
May 1, 2014
ITEM NO.: 1 (Cont.) FILE NO.: Z-5150-B
5
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
development of a mini-warehouse complex on this vacant, C-3 zoned, 2 acre
tract. This tract is the eastern portion of a vacant, 3.28± acre tract which will be
subdivided into two lots.
The mini-warehouse units will be constructed of metal with metal roofs. The
units will not exceed 10 feet in height. The development is proposed with the
units all being accessed from within the interior of the development so the rear of
buildings will provide screening and security. A single driveway will provide
access to a gated entry. A small office building will be located near the front of
the property. The office will be open during normal business hours (9:00 A.M. –
5:00 P.M.). The property will close completely at 10:00 P.M. There will not be
after hour access to the site. No electricity will be provided to the units to further
discourage after hour use. The development will be built in a single phase.
There are currently no plans for a dumpster on the site. Signage will consist of a
wall sign on the office building and an 8-foot tall, 32 square foot ground sign.
There will be no on-site residence, only the office for business during the day. All
site lighting will be low-level and directional, aimed downward and into the site.
A 17-foot wide buffer will be provided on the site’s north, east and west
perimeters. A 10-foot utility easement is located on those perimeters but outside
of the 17-foot buffers. The buildings will have setbacks of 27 feet on the north,
west and east perimeters. A 25-foot setback is provided on the south (street)
perimeter. Adjacent to the office parking spaces, the street buffer is reduced to
the minimum of 9 feet, but the difference is made up for by the increased buffer
along the rest of the street perimeter of the site. The site has a 35-foot platted
front setback. The applicant is proposing to reduce that to 25 feet which
corresponds to the setback required for the C-3 zoning district.
To staff’s knowledge, there are no outstanding issues. The site is located in an
area of mixed zoning and uses. The development appears to comply with the
typical standards for development. The applicant states there is currently no bill
of assurance for the site.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
May 1, 2014
ITEM NO.: 1 (Cont.) FILE NO.: Z-5150-B
6
2. At any point where the buildings do not completely enclose the site on the
east or north perimeters, screening is to be installed.
3. The replat of the property is to be completed prior to submittal for a building
permit.
4. If a dumpster is added to the site in the future, the dumpster location and
screening must be reviewed and approved by staff.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicants were present. There were no objectors present. 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, including all staff comments and conditions,
by a vote of 10 ayes, 0 noes and 1 absent.
May 1, 2014
ITEM NO.: 2 FILE NO.: Z-8626-A
NAME: Arkansas Baptist College Classrooms and Offices –
Conditional Use Permit
LOCATION: 1700 Martin Luther King, Jr. Drive
OWNER/APPLICANT: Arkansas Baptist College
PROPOSAL: A conditional use permit is requested to allow for the
remodeling of the existing building located on this R-4
zoned lot to be used as classrooms and offices. A
similar application was approved by the Commission
on January 6, 2011 but the 3 year period to act on the
approval expired without the project taking place.
1. SITE LOCATION:
The site is located on the Arkansas Baptist College campus, on the
southwest corner of MLK and West 17th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The college has properties and facilities scattered throughout the general
area. The main campus is located to the north and east. Single family
residences are located to the south and across MLK to the east. This use
was previously approved in 2011 and the only change in the immediate
area is the addition of new dormitories adjacent to the west. The
proposed use is compatible with uses in the area. Screening will be
required along the south perimeter.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Central High and Downtown
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Parking requirements for colleges are determined by the total square
footage of all buildings and by the total number of students; one space per
three hundred (300) square feet of gross floor area or one space for every
four (4) students, whichever is greater. The campus building’s total
square footage is 225,690 square feet and the enrollment is 750 students.
The main part of the campus, north of 17th Street, is located in the Central
High Design Overlay District. The typical requirement based on square
footage is 752 spaces; 376 under the DOD. The typical requirement
based on enrollment is 187 spaces; 93 under the DOD.
May 1, 2014
ITEM NO.: 2 (Cont.) FILE NO.: Z-8626-A
2
There are an estimated 300 spaces either existing or proposed for
construction on the campus. Four new spaces are being constructed with
this project.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
Screening required along south perimeter of this site, where adjacent to
residential property.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
2. 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.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has no issue with the use of
the existing building for classrooms.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objections. All Central Arkansas Water requirements in effect
at the time of request for water service must be met.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required.
If additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
May 1, 2014
ITEM NO.: 2 (Cont.) FILE NO.: Z-8626-A
3
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the
first point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to
CAW’s Cross Connection Section within ten days of installation and
annually thereafter. Contact the Cross Connection Section at 377-1226
if you would like to discuss backflow prevention requirements for this
project.
Fire Department: Approved as submitted. Place Fire hydrants per Code
and maintain access.
Building Codes Comment: 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 more information on submittal requirements and the review
process, contact a commercial plans examiner:
Curtis Richey at (501) 371-4724; crichey@littlerock.org
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 9, 2014)
Robert Turner was present representing the college. Staff presented the item
and noted some additional information was needed. Mr. Turner was asked to
clarify what aspects of the previous approval would apply to this current
application. Staff asked for updated information on the total number of parking
spaces on campus properties, the total square footage of buildings on campus
and the current student enrollment.
May 1, 2014
ITEM NO.: 2 (Cont.) FILE NO.: Z-8626-A
4
Public Works, Utility, Landscape and other reviewing agency comments were
noted.
Mr. Turner was asked to respond to staff issues by Wednesday April 16, 2014.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On January 6, 2011 the Commission approved a conditional use permit to allow
Arkansas Baptist College to convert the two-story residential structure located at
1700 Martin Luther King, Jr. Drive into offices and a student welcome center.
That conversion did not occur and the approved CUP has expired. That previous
approval also indicated a future, one-story office addition.
The college is now requesting approval of a conditional use permit to allow for
conversion of the existing structure into offices and classroom space. No
addition is planned with this proposal. Four parking spaces will be constructed
adjacent to the building, taking access off of the previously abandoned West 17th
Street which now serves as a campus driveway.
Days and hours of usage are proposed as Monday through Friday, 7:00 A.M. –
7:00 P.M. No night classes are planned for this building. A 6-foot tall wood
privacy fence with the finished side facing outward will be constructed along the
south property line where the site is adjacent to a residence. All site lighting will
be low-level and directional, aimed downward and into the site. Signage will
correspond to the typical campus signage and will likely consist of a small wall
sign on the front façade of the building and a small ground sign in the front yard.
Trash will be collected by campus personnel and taken to a central campus trash
collection – dumpster area.
To staff’s knowledge there are no outstanding issues. The applicants have
responded to issues raised at Subdivision Committee. A conditional use permit
to allow for the use of this building as offices and classrooms, with an expansion,
was previously approved by the Commission in 2011. The site is not located in
the Central High DOD but the college is preserving this contributing structure
which is located in the Central High Historic District. The century-old bill of
assurance/plat does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff
report.
May 1, 2014
ITEM NO.: 2 (Cont.) FILE NO.: Z-8626-A
5
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicants were present. There were no objectors present. 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, including all staff comments and conditions,
by a vote of 10 ayes, 0 noes and 1 absent.
May 1, 2014
ITEM NO.: 3 FILE NO.: Z-8930 AND G-23-444
NAME: Thousand Hills Church – Conditional Use Permit and
Fairlane Acres Subdivision Reduction to acreage
LOCATION: SW corner of I-430 and David O Dodd
OWNER/APPLICANT: Thousand Hills Church
PROPOSAL: The applicants are requesting the abandonment of
the 1957 plat of Fairlane Acres Subdivision, reducing
the plat to acreage, and the approval of a conditional
use permit to allow for construction of a new church
on this R-2 zoned property.
1. SITE LOCATION:
The site is located at the southwest corner of I-430 and the David O Dodd
overpass.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is relatively rural in nature. A few
single family homes on large acreage tracts are located to the north and
west. Interstate 430 Right-of-Way is adjacent to the east. A large wooded
area and undevelopable floodway are located to the south. This
proposed small church should be compatible with uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress and Waters
Edge Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The church will have a seating capacity of 250 persons, requiring
62 parking spaces. A single driveway off of David O Dodd will provide
access to a 72-space parking lot.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
2
A land use buffer 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.
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 of
(300) square feet in area to qualify and be seven and one half (7 ½) feet in
width.
Landscape areas shall be provided between the vehicular use area used
for public parking and the general vicinity of the building. These areas
shall be equal to an equivalent planter strip three (3) feet wide along the
vehicular use area.
A landscape irrigation system shall be required for developments of one
(1) acre or larger.
The development of two (2) acres or more requires an approved
landscape plan stamped with the seal of a registered landscape architect
prior to the issuance of a building permit.
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.
5. PUBLIC WORKS COMMENTS:
1. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to David O
Dodd Road including five (5) foot sidewalks with planned development.
The new back of curb should be located 29.5 feet from the centerline
(only if approved by AHTD).
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.
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
3
3. Storm water detention ordinance applies to this property.
4. If disturbed area is one or more acres, obtain a NPDES storm water
permit form the Arkansas Department of Environmental Quality prior to
the start of construction.
5. Street improvement plans shall include signage and striping. Public
Works must approve completed plans prior to construction (only if
approved by AHTD).
6. On site striping and signage plans should be forwarded to Public
Works, Traffic Engineering for approval with the site development
package.
7. Street lights are required by Section 31-403 of the Little Rock Code.
Provide plans for approval to Traffic Engineering. Street lights must be
installed prior to platting/certificate of occupancy. Contact Traffic
Engineering at 379-1813 (Greg Simmons) for more information (only if
approved by AHTD).
8. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection(s) comply with 2004 AASHTO Green Book
standards.
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.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: No objection to reduction to acreage. Sewer main extension
required with easements if sewer service is required for this project.
Entergy: Approved as submitted. Entergy has no objection to the
abandonment of the Fairlane Acres Subdivision and all associated street
easements – including Camellia Drive and McHenry Drive as long as
Entergy retains its existing easement for the existing power line running
along the northern edge of the property.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Central Arkansas Water has NO OBJECTION to the abandoning
the Plat of Fairlane Acres Subdivision including Camellia Drive, McHenry
Drive.
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
4
All Central Arkansas Water requirements in effect at the time of request
for water service must be met.
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of the
developer.
Contact Central Arkansas Water if additional fire protection or metered
water service is required.
Contact Central Arkansas Water regarding the size and location of the
water meter.
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required.
If additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
Please submit plans for water facilities and/or fire protection system to
Central Arkansas Water for review. Plan revisions may be required after
additional review. Contact Central Arkansas Water regarding procedures
for installation of water facilities and/or fire service. Approval of plans by
the Arkansas Department of Health Engineering Division and Little Rock
Fire Department is required.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon
installation of the RPZA, successful tests of the assembly must be
completed by a Certified Assembly Tester licensed by the State of
Arkansas and approved by CAW. The test results must be sent to CAW’s
Cross Connection Section within ten days of installation and annually
thereafter. Contact the Cross Connection Section at 377-1226 if you
would like to discuss backflow prevention requirements for this project.
Fire Department: Approved as submitted. With new development, place
Fire hydrants per Code and maintain access.
Building Codes Comment: Project is subject to full commercial pan review
approval prior to issuance of a building permit. For information on
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
5
submittal requirements and the review process, contact a commercial
plans examiner:
Curtis Richey at (501) 371-4724; crichey@littlerock.org
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (APRIL 9, 2014)
The applicant was present. Staff presented the item and noted additional
information was needed. The applicants were asked to provide a signage plan
and fencing plan. Staff requested information on the proposed building and
typical days and hours of operation. The applicants were asked to provide
dimensions of the driveways and parking stalls and to indicate the dumpster
location and screening.
Public Works Comments were discussed. The applicants stated a waiver of the
street widening requirement would be requested. They stated that portion of
David O Dodd was within AHTD’s area of control for I-430 and widening would
likely not be permitted. Staff stated they would look into the issue. Landscape
requirements were noted. Staff commented that the area of any easements
along the south and west perimeters would not count toward fulfilling buffer
requirements.
Outside agency comments were noted.
The applicants were advised to submit responses by April 16, 2014. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Thousand Hills Church is proposing to construct a new church on a 9± acre
parcel located at the southwest corner of I-430 and David O Dodd. In 1957, the
property was platted as Fairlane Acres Subdivision containing 30 residential lots
and two streets, along with various easements. The subdivision was never
developed. The church is requesting that the plat be abandoned, returning the
area to an acreage tract. Also the church is requesting approval of a conditional
use permit to allow for development of the site for the new church.
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
6
There are no issues associated with the abandonment of the plat of the
undeveloped subdivision. All reviewing agencies and utilities have approved the
abandonment of the plat; including all lots, streets and easements within the area
of the plat of Fairlane Acres Subdivision.
The proposed church development consists of a single church building and
associated parking. A small pavilion will be located on the site for occasional
outdoor gatherings and activities. The building will not exceed the allowable
height of 35 feet in the R-2 district. Total seating is 250, requiring 62 parking
spaces. A single driveway will provide access to a 72 space parking lot. The
building is located near the center of the property with setbacks of 350’ front,
720’ rear and 130’ and 110’ sides. Signage will comply with that allowed in
office and institutional zones. The facility will be used for typical church activities
which will include Sunday morning and evening and Wednesday night as well as
other occasions as the need arises. No additional activities such as day care or
private school are proposed. No dumpster is currently planned. If one is
proposed in the future, its location and screening will have to be reviewed and
approved by staff.
To staff’s knowledge, there are no outstanding issues with either the plat
abandonment or the proposed CUP. AHTD has submitted an email denying any
improvements being made to David O Dodd Road. This portion of the street lies
within AHTD’s area of control adjacent to I-430. The applicants did not submit a
bill of assurance for Fairlane Acres. However, they are requesting that the plat
be abandoned and the area reduced to acreage.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the plat of Fairlane Acres
Subdivision including all lots, streets, rights-of-way and easements described as
follows:
The following described property located in Section 28, Township 1 North, Range
13 West, Pulaski County, Arkansas platted as Fairlane Acres Subdivision as
shown on the plat recorded in Plat Book 5, Page 181, records of Pulaski County,
Arkansas:
1. Lots 1-30, Fairlane Acres Subdivision, Pulaski County, Arkansas
2. All easements located within Fairlane Acres Subdivision, Pulaski County,
Arkansas.
3. Camellia Drive and McHenry Drive Street rights-of-way located in Fairlane
Acres Subdivision, Pulaski County, Arkansas.
May 1, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8930 AND G-23-444
7
Staff recommends approval of the requested CUP subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Completion of the abandonment of the plat of Fairlane Acres Subdivision.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicants were present. There were no objectors present. 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, including all staff comments and conditions,
by a vote of 10 ayes, 0 noes and 1 absent.
May 1, 2014
ITEM NO.: 4 FILE NO.: Z-8931
NAME: Tender Hearts Day Care – Conditional
Use Permit
LOCATION: 1001 Brown Street
OWNER/APPLICANT: Harry Jackson/Rosalind Lewis
PROPOSAL: A conditional use permit is requested to allow a day
care center on this R-3 zoned property.
STAFF UPDATE AND RECOMMENDATION:
On April 8, 2014, the applicant requested withdrawal of this application. Staff
recommends approval of the withdrawal request.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
The applicant was not present. Staff informed the commission of the applicant’s
withdrawal request. There was no further discussion. The item was placed on
the consent agenda and approved for withdrawal by a vote of 10 ayes, 0 noes
and 1 absent.
May 1, 2014
ITEM NO.: 5
SUBJECT: Amendments to various provisions of Chapter 36 of
the Code of Ordinances related to “Mobile Canteen
Units”
STAFF REPORT:
Staff is proposing various amendments to the zoning ordinance related to the
issue of mobile canteen units. Mobile canteen units have experienced a marked
rise in popularity around the country and in the City of Little Rock. Mobile
canteen units are able to dispense a large variety of foods, healthy meal options
and foods from diverse cultural backgrounds to all areas of the City, including
underserved areas. As the industry expands, it produces jobs for operators;
including entrepreneurial opportunities for small and minority-owned business
operators. Popular mobile canteen units can attract foot traffic and encourage
social interaction.
Staff feels it is necessary to update and clarify the regulations for operating
mobile canteen units in the City.
The City currently permits mobile food vendors to setup and operate on
properties which are zoned C-3, C-4 and UU. There are regulations concerning
the placement and operation of the units.
This proposed ordinance amendment basically accomplishes three purposes:
1. Creates a zoning ordinance definition that clearly identifies “mobile canteen
unit”.
2. Specifically places that use in various zoning districts and broadens the
number of nonresidential zoning districts which would allow the use,
3. Codifies, by reference in each zoning district, the City-administered
regulations concerning the placement and operation of the mobile canteen
units.
The Commission is asked to consider and recommend for approval the proposed
ordinance amendment language. A copy of the City-administered regulations is
attached for informational proposes. Since those regulations are not specifically
outlined in the Code, but are enforceable by reference, they can be changed as
circumstances warrant.
May 1, 2014
ITEM NO.: 5 (Cont.)
2
Copies of the proposed ordinance amendment and the regulations were
distributed to the ordinance amendment contact list of persons, groups and
agencies. Any comments received will be shared with the Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance amendments.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
Staff presented the item. There was no one present to speak on the item. Staff
had received two (2) e-mail responses, both supportive. There was no further
discussion. The item was placed on the consent agenda and recommended for
approval by a vote of 10 ayes, 0 noes and 1 absent.
.
[PAGE 1 OF 3]
ORDINANCE
To amend Chapter 36 of the Code to add mobile food trucks as a
permitted use in certain zoning classifications and to provide for
further regulation of mobile food trucks
ORDINANCE NO. ________ 1
2
AN ORDINANCE TO REGULATE THE OPERATION OF MOBILE FOOD 3
VENDORS WITHIN THE CITY OF LITTLE ROCK; TO ADD MOBILE 4
CANTEEN UNITS AS A PERMITTED USE IN CERTAIN ZONING 5
CLASSIFICATIONS; AND FOR OTHER PURPOSES. 6
7
8
WHEREAS, mobile food trucks have experienced a marked rise in popularity across the country and 9
here in the City of Little Rock in the past few years, and 10
WHEREAS, mobile food trucks are able to dispense a large variety of foods, healthy meal options, 11
and foods from diverse cultural backgrounds to all areas of the City, including underserved areas, and 12
WHEREAS, mobile food trucks provide entrepreneurial opportunities for small and minority-owned 13
business operators, and 14
WHEREAS, the City now finds it desirable to set forth regulations to allow mobile food trucks to 15
operate within the city under certain circumstances and to establish regulations concerning mobile food 16
truck operations in order to protect the health, safety and welfare of the City’s inhabitants. 17
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 18
OF LITTLE ROCK, ARKANSAS: 19
Section 1. Section 36-3 of the Little Rock Code of Ordinances is hereby amended to add a definition 20
of mobile canteen unit as follows: 21
(a) Mobile canteen unit means a vehicle, including mobile food trucks, mobile food trailers, and 22
push carts, offering food products or beverages for sale to consumers. 23
Section 2. Section 36-299(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 24
permitted use within the C-1 zoning classification “mobile canteen units when operated in compliance 25
with current planning department regulations for such vehicles”. 26
Section 3. Section 36-300(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 27
permitted use within the C-2 zoning classification “mobile canteen units when operated in compliance 28
with current planning department regulations for such vehicles”. 29
Section 4. Section 36-301(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 30
permitted use within the C-3 zoning classification “mobile canteen units when operated in compliance 31
with current planning department regulations for such vehicles”. 32
.
[PAGE 2 OF 3]
ORDINANCE
To amend Chapter 36 of the Code to add mobile food trucks as a
permitted use in certain zoning classifications and to provide for
further regulation of mobile food trucks
Section 5. Section 36-302(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 1
permitted use within the C-4 zoning classification “mobile canteen units when operated in compliance 2
with current planning department regulations for such vehicles”. 3
Section 6. Section 36-279(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 4
permitted use within the O-1 zoning classification “mobile canteen units when operated in compliance 5
with current planning department regulations for such vehicles”. 6
Section 7. Section 36-280(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 7
permitted use within the O-2 zoning classification mobile canteen units when operated in compliance with 8
current planning department regulations for such vehicles. 9
Section 8. Section 36-281(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 10
permitted use within the O-3 zoning classification mobile canteen units when operated in compliance with 11
current planning department regulations for such vehicles. 12
Section 9. Section 36-319(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as a 13
permitted use within the I-1 zoning classification “mobile canteen units when operated in compliance 14
with current planning department regulations for such vehicles”. 15
Section 10. Section 36-320(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as 16
a permitted use within the I-2 zoning classification “mobile canteen units when operated in compliance 17
with current planning department regulations for such vehicles”. 18
Section 11. Section 36-321(c)(1) of the Little Rock Code of Ordinances is hereby amended to add as 19
a permitted use within the I-3 zoning classification “mobile canteen units when operated in compliance 20
with current planning department regulations for such vehicles”. 21
Section 12. The Department of Planning and Development shall develop regulations concerning the 22
placement and operation of mobile canteen units to address, but not be limited to, the issues of hours of 23
operation, parking, and health. 24
Section 13. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 25
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 26
adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and 27
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 28
ordinance. 29
Section 14. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby 30
repealed to the extent of such conflict. 31
.
[PAGE 3 OF 3]
ORDINANCE
To amend Chapter 36 of the Code to add mobile food trucks as a
permitted use in certain zoning classifications and to provide for
further regulation of mobile food trucks
PASSED: __________, 2014 1
2
ATTEST: APPROVED: 3
4
________________________________ _____________________________ 5
Susan Langley, City Clerk Mark Stodola, Mayor 6
7
APPROVED AS TO LEGAL FORM: 8
9
_______________________________ 10
Thomas M. Carpenter, City Attorney 11
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MEMORANDUM
TO: ALL PEDDLERS AND MOBILE CANTEEN UNITS
FROM: CITY OF LITTLE ROCK DEPARTMENT OF PLANNING AND
DEVELOPMENT
SUBJECT: REGULATIONS FOR DISPLAYING AND SELLING FROM A
TRANSIENT LOCATION; APPLICABLE TO ALL PEDDLERS AND
MOBILE CANTEEN UNITS OTHER THAN THOSE APPROVED TO
OPERATE IN THE PUBLIC RIGHT OF WAY
1. Peddlers must locate only on developed property that is zoned C-3, C-4 or UU.
Operation in all other zones is prohibited.
2. Mobile canteen units may locate only on developed property that is zoned O-1,
O-2, O-3, C-1, C-2, C-3, C-4, I-1, I-2, I-3 or UU. Operation in all other zones is
prohibited.
3. Push carts are permitted on the properties referenced in section number 2.
4. You cannot have temporary signs at the location.
5. You must have your current City of Little Rock privilege license on the site.
The license must be visible and available for inspection.
6. Merchandise must be kept on your vehicle at all times.
7. You cannot set up or display anything in the public right-of-way or anywhere on
the private property that will create a traffic hazard.
8. You must have a written and notarized statement from the property owner
allowing you to set up on the property. The statement must be available for
inspection.
9. The property must remain clean at all times.
10. Trailers must remain hooked up to tow vehicles at all times.
11. All vehicles and trailers must be parked on a paved surface.
12. You cannot set up tables, chairs or canopies.
13. Operators of mobile canteen units must have displayed a current State of
Arkansas health certificate. The certificate must be presented to the City
Collectors office when applying for the City privilege license
14. You must have on site a State of Arkansas issued tax I.D. It must be available
for inspection.
15. Licenses for peddlers are good only until December 31 of the year in which the
license is issued. New licenses must be issued for each year.
16. At the end of each business day, all equipment, vehicles and related materials
must be removed from the site.
17. Failure to follow these regulations will result in enforcement by the City of
Little Rock and may result in the revocation of your privilege license.
_____________________________________ ____________________
Acknowledgment by applicant Date
May 1, 2014
ITEM NO.: 6 FILE NO.: MSP14-02
Name: Master Street Plan Amendment - 65th Street West
Planning District
Location: David O. Dodd
Request: Reclassify from Minor Arterial to Collector
Source: Joe White, White Daters & Associates
PROPOSAL / REQUEST:
The application is a Master Street Plan amendment in the 65th Street West
Planning District to reclassify David O. Dodd from a Minor Arterial to a Collector.
This application is from Stagecoach Road on the east to the curve in the road at
the Kenwood Subdivision on the west. This includes segments of the road on
both sides of the I-430 bridge. The reason stated on the cover letter was: low
traffic counts, width of the existing bridge over 430, predominately single family
uses, setbacks of current houses, traffic speeds and arterials in the immediate
vicinity of this application.
CURRENT MASTER STREET PLAN:
David O. Dodd is shown as a Minor Arterial on the plan. Portions of the street
have been widened in two different locations with a deferral on another from
developer from half street improvements. There is a proposed north-south minor
arterial to the west of this application that will connect with Stagecoach Road at
Crystal Valley Road.
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.
The primary function of a Collector Street is to provide a connection from Local
Streets to Arterials.
Shackleford Road and Napa Valley/Bowman Road/David O. Dodd function as
parallel Minor Arterials for the majority of their lengths. Other Minor Arterials
connect the two at various points: Hinson Road, Markham Street, Kanis Road,
W. 36th Street and the segment of David O. Dodd in question. Various collectors
in the northern section connect the two arterials. The proposed Minor Arterial
south of David O. Dodd across McHenry Creek would extend this minor arterial
to Crystal Valley Road and Stagecoach Road.
May 1, 2014
ITEM NO.: 6 (Cont.) FILE NO.: MSP14-02
2
FUTURE LAND USE PLAN:
The Future Land Use Plan shows Residential Low Density (RL) along the
corridor from JA Fair High School to the intersection with Stagecoach Road with
the exception of an area of Residential Medium Density (RM) just east of I-430
north of the road. RL provide for up to 6 units per acre while RM provides for
6 to 12 unit per acre. All of the land is currently zoned R-2 Single Family.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
ANALYSIS:
This area is transitioning from a rural pattern of development to more dense
suburban type development pattern. The floodway for the McHenry Creek
extends from the intersection of David O. Dodd and the proposed Minor Arterial
southeasterly to Interstate 430. The width of the floodway ranges from
400 – 500 feet wide on the western end where the bridge might be built.
Scattered homes sit on various sizes of parcels, some on acreage and some on
large lots or older rural subdivisions. The Kenwood Subdivision, Woodridge
Estates and Waters Edge are three of the latest subdivisions in this area that
front onto David O. Dodd. These newer subdivisions have a density of slightly
less than 4 units per gross acre. The Kenwood Subdivision (note Kenwood
Blvd.) is on the western segment of David O. Dodd that runs north-south.
There is approximately 280 acres of land that is zoned R-2 Single Family that
could be developed or redeveloped into typical residential subdivision of 4 units
per acre. Only those acres that would use David O. Dodd as their primary
means of access were counted. On the south side of David O. Dodd west of the
freeway, only the acres that are north of the floodway were counted. Likewise, to
the northeast of the I-430 bridge, land that would use Shackleford as their
primary access was not counted.
Traffic counts from 2009 taken on the east end of David O. Dodd show an
average of 1900 vehicles per day. In 2012, that number increased to an average
of 2200 vehicles per day. Also in 2012, just north of Kenwood Subdivision, the
count was an average of 2100 vehicles per day. Public Works counted the traffic
in late March 2014 for this report. Just west of the I-430 Bridge on David O.
Dodd, the daily average was 1258 vehicles per day.
May 1, 2014
ITEM NO.: 6 (Cont.) FILE NO.: MSP14-02
3
If the entire 280 acres developed at 4 units per acre, that would add 11,200 trips
per day to the roadway. If the Residential Medium Density area developed at
6 units per acre combined with the other units at 4 units per acre, that would add
11,800 trips. If the RM developed at a max of 12 units per acre, that total would
be 13,600 added trips. These numbers are well above the designed service
volume for a Collector Street of 5,000 trips per day.
The Master Street Plan shows a Proposed Minor Arterial due south of the
Kenwood Subdivision connecting with Crystal Valley Road at Stagecoach Road.
This would be the southernmost segment of a Minor Arterial that includes
Bowman Road and Napa Valley Road that ends at Hinson Road. This arterial
would include a bridge going over McHenry Creek. The creek is not extremely
wide, but the floodway is. Therefore, the bridge would have to be not only wide
enough for a Minor Arterial, but very long to span the floodway (400-500’), which
means this bridge will be very costly to build.
Currently, the segment of the road in question does function as an arterial and
will until the proposed Minor Arterial is built. The current traffic count is not to the
level of an arterial, but the function is there.
The I-430 bridge is currently only a two-lane bridge. It is 40 feet total from
sidewall to sidewall with 31 feet of travel lanes with shoulders. This bridge would
have to be widened to handle four lanes of traffic. Typically four lanes of traffic is
48 feet with sidewalks or shoulders in addition to that.
Alternate standards could be explored for David O. Dodd to serve as an arterial
until the proposed arterial and bridge over McHenry Creek is constructed. Until
the land is platted that includes the bridge and the proposed Minor Arterial to the
south, it is unknown exactly where the bridge and road will be. Therefore, it is
unknown from a right of way stance where the additional right of way will be
needed for the intersection of the two arterials.
David O. Dodd could be changed to Collector after the proposed McHenry Creek
Bridge and road to south is built, but to change it at this time is premature. The
expense of building a bridge over the floodway for 400 – 500 feet is a major
expense. The city would most likely need some sort of assistance with the cost of
either the I-430 bridge widening or a new bridge at McHenry from developers or
the state and or federal government. Staff believes it would be easier to prove
need and get assistance with a widening of the I-430 bridge than proving need
for a totally new alignment bridge – at such time as one is needed.
Staff cannot support a change to Collector status but can support a reduced
design standard of a four lane section. Staff believes that it would be easier to
widen the I-430 bridge than to build the new bridge over McHenry Creek. The
May 1, 2014
ITEM NO.: 6 (Cont.) FILE NO.: MSP14-02
4
four lanes on the expanded bridge over I-430 could be converted to a three lane
with bike lanes on each side as Bike Plan shows after the McHenry Creek Bridge
is in place.
NEIGHBORHOOD COMMENTS:
Staff has received one comment from area residents of a neutral nature.
STAFF UPDATE:
Staff received an email from Joe White on April 17, 2014 to amend their
application to a 90 foot right of way with a 48 foot street width with sidewalks on
both sides. The sidewalks will be built at the edge of the right of way.
This amended application proposes that the only change would be the street
width from 59 feet to 48 feet. This amendment to the application conforms to
Staff’s recommendation prior to the amendment.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate. Staff does recommend a lesser
standard for construction (four lane road) with the standard 90 foot right of way.
This will provide the function of the arterial while providing for options to restripe
the road to a Collector with center turn lane and bike lanes on each side after the
McHenry Creek Bridge is in place.
PLANNING COMMISSION ACTION: (MAY 1, 2014)
This item was placed on the consent agenda. There was a motion made to
approve with all staff recommendations and updates. The motion passed with a
vote of 10 ayes and 1 absent.
Wr_HIW�MII
PLANNING COMMISSION VOTE RECORD
MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
FOUNTAIN, KEITH
MAY, BILL B.
NUNNLEY, QBRAY JR.
Meeting Adjourned P.M.
AYE tP NAYE ABSENT ABSTAIN RECUSE
ALAN
DILLON, JANET
FOUNTAIN, KEITH
y
MEMBER
BELT, JENNIFER MARTINEZ
BERRY, CRAIG
BROCK, TOM
BUBBUS, ALAN
BYNUM, BUELAH
COX, KEITH
DILLON, JANET
FINNEY, REBECCA
FOUNTAIN, KEITH
MAY, BILL B.
NUNNLEY, QBRAY JR.
Meeting Adjourned P.M.
AYE tP NAYE ABSENT ABSTAIN RECUSE
May 1, 2014
There being no further business before the Commission, the meeting
was adjourned at 4:25 p.m.
Bate 4-A
airman