HomeMy WebLinkAboutpc_06 12 2014
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JUNE 12, 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
Tom Brock
Buelah Bynum
Keith Cox
Janet Dillon
Keith Fountain
Bill May
Obray Nunnley, Jr.
Rebecca Finney
Members Absent: Alan Bubbus
City Attorney: Cindy Dawson
III. Approval of the Minutes of the May 1, 2014 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JUNE 12, 2014
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
A. Z-962-A Slim Chickens Short-form PD-C, located at 7524
Cantrell Road.
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. G-23-446 Alley – Right-of-Way Abandonment
Block bounded by West 26th, West 27th, Allis and
Brown Streets
2. LU14-19-01 A Land Use Plan Amendment in the Chenal Planning
District on the west side of Kirk Road at Wellington
Village Drive from Residential High Density to Office.
2.1 Z-6829-B Rezoning from MF-18 to O-2
West side of Kirk Road, approximately 800 feet south
of Rahling Road
3. Z-8947 Rezoning from R-2 to AF
South side of Peckerwood Road
4. Z-4516-B Rezoning from R-2 to C-4
6706 S. University Avenue
5. Z-3276-G Sustainable Properties, LLC – Office/Warehouse
Conditional Use Permit
125 Gamble Road
6. Z-6923-B Pulaski Heights Presbyterian Church Day Care and
Private School – Conditional Use Permit
4401 Woodlawn Drive
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title:
7. Z-8168-B Redeemer Community Church – Conditional Use
Permit
11512 David O Dodd
8. Z-8946 Bowers Street Duplexes (3) – Conditional Use Permit
4408 – 4420 Bowers Street
9. G-25-214 East 6th Street – Picron Street – East 9th Street Name
Change to Marcel Dassault Blvd.
From Townsend Street to Temple Street
10. G-25-215 Riley Drive Name Change to CARTI Drive
From John Barrow Road to the gate to the Woodland
Heights facilities
11. Complete Street Policy for the City of Little Rock and
Amendment of the Master Street Plan – Bike Plan
dedicating, construction and marking.
12. LA-0059 Rahling Road Advanced Grading Variance
June 12, 2014
ITEM NO.: A FILE NO.: Z-962-A
NAME: Slim Chickens Short-form PD-C
LOCATION: Located at 7524 Cantrell Road
DEVELOPER:
Rock Capitol Group, LLC
4504 Burrow Drive
North Little Rock, AR 72116
ENGINEER:
Crafton Tull and Associates
10825 Financial Center Parkway, Suite 300
Little Rock, AR 72211
AREA: 0.746 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: Retail
PROPOSED ZONING: PD-C
PROPOSED USE: Restaurant
VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to
allow the drives nearer the property lines than typically allowed per ordinance.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a rezoning of this site located at 7524 Cantrell Road
from C-3, General Commercial District to PD-C. The owner is proposing to
develop the property into a single use restaurant site for Slim Chickens. Right of
way will be dedicated as necessary. The site plan indicates a driveway on
Cantrell Road and Keightley Drive. The proposed building consists of
3,108 square feet. There will be a patio with 612 square feet, and a freezer
which will contain 215 square feet. The site plan indicates 30 parking spaces to
include two (2) handicap spaces. The restaurant will also have a drive-through
window operation.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
2
A dumpster will be located at the northeast corner of the site. The dumpster will
be enclosed as per City of Little Rock requirements. Hours of operation for the
restaurant will be from 10:30 am to 10:00 pm. Signage will consist of a building
sign and a free standing type sign on the corner. All signage will comply with
City of Little Rock standards. Parking lot lighting will consist of pole mounted
cut-off type fixtures.
The request for the PD-C is to address several variances. The request includes
a variance to allow driveways nearer the property line than allowed per the
Boundary Street and Subdivision Ordinances. The site plan also includes a
reduced number of parking spaces than typically required per the zoning
ordinance.
B. EXISTING CONDITIONS:
This intersection of North Mississippi, Keightley Drive and Cantrell Road contains
a number of commercial uses including a shopping center with a grocery store, a
Wal-greens Drug Store, a convenience store with gas pumps, a furniture store
and multi-family. Improvements to Cantrell Road were recently completed by
AHTD to the west of this site. Improvements to Cantrell Road are scheduled to
start for widening Cantrell Road from the North Mississippi, Keightley Drive
intersection eastward to the intersection with Perryville Road.
There is an existing commercial building located on this site. The site is
presently paved from property line to property line.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received several informational phone calls from area
residents. All property owners located within 200-feet of the site along with the
Merriwether Neighborhood Association and the Kingwood Neighborhood
Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Show the proposed street improvements on Keightley Drive and Cantrell
Road to be constructed by AHTD.
2. Show the right-of-way centerline, existing striping, existing edge of
pavement or back of curb, and driveways across the street on Keightley
Drive. Pulaski County parcel data shows the Keightley Drive right of way is
a total of 40 feet wide.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
3
3. The radius of driveways cannot extend beyond the projection of the property
line to the street. Driveway radiuses should not exceed 10 feet.
4. Were any access deed restrictions placed on the property by AHTD with the
purchase of right of way?
5. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Per the Master Street Plan,
Cantrell Road is principal arterial street. The driveway spacing is 300 feet
from intersections and other driveways and 150 feet from side property
lines. Per the Master Street Plan, Keightley Drive is a commercial street.
The driveway spacing is 250 feet from intersections and other driveways
and 125 feet from side property lines. The proposed driveway locations do
not comply with the spacing requirements. Driveway spacing variances
must be requested.
6. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
7. Obtain permits for improvements within State Highway right-of-way from
AHTD, District VI.
8. Submit traffic impact analysis including stacking analysis utilizing approved
modeling techniques to insure stacking does not occur on the adjacent
street systems.
9. With site development, provide the design of street conforming to the
Master Street Plan. Construct one-half street improvement to Cantrell Road
and Keightley Drive including 5-foot sidewalks with the planned
development. Some improvements are being constructed on Cantrell Road
and Keightley Drive by AHTD. If all boundary street improvements as found
in the Master Street Plan are not constructed by AHTD, those remaining
improvements are the responsibility of this property owner to construct.
Show the proposed improvements to Keightley Drive.
10. 2012 Metro Plan Traffic counts show approximately 34,000 vehicles on
Cantrell Road per day. Left turns into the site from Cantrell Road will likely
stop in the east bound through lane due to vehicle stacking for west bound
left turns to Mississippi Avenue. This will cause vehicles to stack into the
intersection.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: There is an existing 3-phase line on the northwest corner of the
property but does not appear to be in conflict with the project. Contact Entergy
well in advance to plan for service needs.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
4
Center-Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. 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.
3. Contact Central Arkansas Water if additional fire protection or metered water
service is required.
4. Contact Central Arkansas Water regarding the size and location of the water
meter.
5. 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.
6. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use.
Central Arkansas Water requires that upon installation of the RPZA,
successful tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by Central Arkansas
Water. The test results must be sent to Central Arkansas Water’s Cross
Connection Section within ten days of installation and annually thereafter.
Contact the Cross Connection Section at 377-1226 if you would like to
discuss backflow prevention requirements for this project.
7. The facilities on-site will be private. When meters are planned off private
lines. Private facilities shall be installed to Central Arkansas Water’s material
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of
Customer Owned Line agreement is required.
Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the
Little Rock Fire Department for additional information.
County Planning: No comment.
CATA: Site directly served by the #1 Pinnacle Heights bus route.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
5
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the West Little Rock Planning
District. The Land Use Plan shows Commercial (C) for this property. The
Commercial category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that
they serve. The applicant has applied for a rezoning from C-3, (General
Commercial District) to PDC (Planned District Commercial) to allow the
re-development of this site with a drive-through restaurant.
Master Street Plan: Cantrell Road is shown as a Principal Arterial and Keightley
Drive is a Local Street 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 Cantrell Road since it is a Principal Arterial.
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”. A Collector
design standard is used for Commercial Streets. These streets may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Landscape:
1. Site plan must comply with the City’s landscape and buffer ordinance
requirements.
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.
3. The property adjacent to the north property line, and the north portion of the
property adjacent to the west property line are zoned R-5. Therefore, a
minimum eleven and a half (11.5) foot wide buffer (6% of the average lot
width) is required along the north property line. An eleven (11) foot buffer (6%
of the average lot depth) is required on the north portion of the west
property line.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
6
4. 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. A minimum eleven and a half (11.5) foot
wide buffer (6% of the average lot width) is required along Cantrell Road.
5. Interior landscape areas shall compromise eight percent (8%) of any
vehicular use area containing twelve (12) or more spaces.
6. A landscape irrigation system shall be required for developments of one (1)
acre or larger. If an automatic landscape irrigation system is not provided for
developments of less than one (1) acre a water source shall be located within
seventy-five (75) feet of the plants to be irrigated.
7. Dumpsters shall be screened from abutting properties and streets. The
screen shall exceed the height of the dumpster or trash containment areas by
at least two (2) feet not to exceed eight (8) feet total height.
8. Menu board speakers for drive-through windows shall be designed to provide
for a solid wall at least six (6) feet in height and twenty (20) feet in length
along the opposite lane line. This wall shall be constructed of masonry or
wood with a textured finish to diminish sound deflection.
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. SUBDIVISION COMMITTEE COMMENT: (March 12, 2014)
Mr. Frank Riggins was present representing the owners. Staff presented an
overview of the development stating there were a number of outstanding
technical issues associated with the request. Staff questioned if the dumpster
service hours would be limited to daylight hours. Staff also stated the order
menu board was to be screened as per Section 36-208 of the Little Rock Code.
Public Works comments were addressed. Staff stated the street improvements
to Keightley Drive and Cantrell Road were to be completed by AHTD. Staff
stated with the widening of Cantrell Road there would not be a center turn lane
adjacent to this site. Staff requested the applicant provide a traffic analysis for
the proposed development. Staff stated the request would include a driveway
spacing variance to allow the drives on Cantrell Road and Keightley Drive as
proposed.
Landscaping comments were addressed. Staff stated a land use buffer and
screening was required where the development was adjacent to residentially
zoned or used property. Staff also stated the interior landscape areas were to
comprise a minimum of eight (8) percent of any vehicular use area.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
7
Staff noted the comments from the various other agencies. There were no more
issues for discussion. The Committee then forwarded the item to the full
Commission for final action.
H. ANALYSIS:
The applicant submitted a revised site plan to staff addressing a number of the
issues raised at the March 12, 2014, Subdivision Committee meeting. The
applicant has indicated the hours of dumpster service will be limited to daylight
hours and stated the order menu board will be screened to meet the typical
ordinance requirements. The applicant is still working with staff on the traffic
analysis for the site.
The rezoning request is from C-3, General Commercial District to PD-C to allow
the redevelopment of the site with a 3,108 square foot restaurant. There will be a
patio with 612 square feet, and a freezer which will contain 215 square feet. The
gross square footage is 3,935.
The site plan includes 30 parking spaces. The site plan includes a drive-through
lane and stacking for seven (7) cars without impacting the on-site parking.
Based on one (1) parking space per 100-gross square feet of floor area, the
ordinance would typically require 39-parking spaces to serve the restaurant use.
Based on the available parking on-site and the ability to stack cars staff is
supportive of the reduced number of parking spaces as proposed. Staff is
continuing to study the on-site stacking of vehicles.
Right of way will be dedicated as necessary to meet the Master Street Plan and
Subdivision Ordinance. Street improvements will be completed per the Boundary
Street Ordinance requirements.
A dumpster will be located at the northeast corner of the site. The dumpster will
be enclosed as per City of Little Rock requirements. The dumpster hours of
service will be limited to daylight hours. The applicant has indicated the hours of
operation for the restaurant will be from 10:30 am to 10:00 pm.
Signage will consist of a building sign and a free standing type sign on the
corner. The ordinance typically allows the ground sign to be a maximum of
36-feet in height and 160 square feet in area. Building signage is limited to a
maximum of ten (10) percent of the façade area abutting the public streets. The
applicant has indicated all signage will comply with City of Little Rock standards.
All site lighting will be low level and directional, directed downward and into the
site. Parking lot lighting will consist of pole mounted cut-off type fixtures.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
8
The request includes a variance associated with the driveway locations. The
drive on Cantrell Road is located nearer the eastern property line and nearer the
intersection than typically allowed per ordinance. The driveway on Keightley
Drive is also located nearer the property line and the intersection than typically
allowed per ordinance.
AHTD has stated the driveway on Cantrell Road has curbed radii wrapping
around which is not allowed on drives. According to AHTD the driveway should
follow DR-1 design standard. Also, wheelchair ramps (which are not needed if
the drive follows DR-1 design standard) must be included to allow a wheelchair
to cross the island of the proposed driveway. The island as shown would not
allow wheelchair ramps or pedestrian cut-through. AHTD is in favor of the
right-in/right-out only with the island as indicated on the site plan.
Staff is generally supportive of the proposed development but there are a number
of outstanding technical issues associated with the request. Staff will continue to
work with the developer and provide a recommendation at the April 3, 2014,
public hearing.
I. STAFF RECOMMENDATION:
Staff recommendation forthcoming.
PLANNING COMMISSION ACTION: (APRIL 3, 2014)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the applicant had submitted a request on March 31, 2014,
requesting deferral of the item to the May 15, 2014, public hearing. Staff stated the
deferral request would require a waiver of the Commission’s By-laws with regard to the
late deferral request. Staff stated they were supportive of the deferral request.
There was no further discussion of the item. The Chair entertained a motion for
approval of the By-law waiver with regard to the late deferral request. The motion
carried by a vote of 11 ayes, 0 noes and 0 absent. The Chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 11 ayes,
0 noes and 0 absent.
STAFF UPDATE:
The applicant has submitted a revised site plan and traffic study to staff for review. Staff
is continuing to review the revised traffic study and site plan. Additional information will
be provided at the public hearing. Staff recommendation forthcoming.
June 12, 2014
ITEM NO.: A (Cont.) FILE NO.: Z-962-A
9
PLANNING COMMISSION ACTION: (MAY 15, 2014)
The applicant was present. There were no registered objectors present. Staff
presented the item with a recommendation of deferral. Staff stated the applicant had
requested on this date a deferral of the item to the June 21, 2014, public hearing. Staff
stated the deferral request would require a waiver of the Commission’s By-laws with
regard to the late deferral request.
There was no further discussion of the item. The chair entertained a motion for
approval of the By-law waiver with regard to the late deferral request. The motion
carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 9 ayes,
0 noes and 2 absent.
STAFF UPDATE:
The applicant submitted a request dated May 30, 2014, requesting withdrawal of this
item, without prejudice. Staff is supportive of the withdrawal request.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed the
Commission that the applicant had requested withdrawal of the item on May 30, 2014.
Staff recommended approval of the withdrawal request, without prejudice. There was
no further discussion. The item was placed on the consent agenda and approved for
withdrawal, without prejudice, with a vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 1 FILE NO.: G-23-446
Name: Alley – Right-of-Way Abandonment
Location: Block bounded by West 26th, West 27th, Allis and
Brown Streets
Owner/Applicant: Various owners/Aaron D. Agnew, Sr.
Request: To abandon the 20 foot wide (north/south) alley
right-of-way located within block bounded by West
26th, West 27th, Allis and Brown Streets (unplatted
block).
Purpose: To fence a portion of the alley right-of-way to control
access.
STAFF UPDATE:
Staff recommends deferral of this application to the July 24, 2014 agenda. The
applicant has not submitted signatures from all of the property owners within the block
to staff.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed the
Commission that the applicant had not submitted signatures from all of the property
owners within the block and the item needed to be deferred to the July 24, 2014
agenda. There was no further discussion. The item was placed on the consent agenda
and deferred to the July 24, 2014 agenda by a vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 2 FILE NO.: LU14-19-01
Name: Land Use Plan Amendment – Chenal Planning District
Location: Kirk Road
Request: Residential High Density to Office
Source: Robert Brown, Development Consultants, Inc.
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Residential High
Density to Office. Office represents services provided directly to consumers (e.g.,
legal, financial, medical) as well as general offices which support more basic
economic activities.
EXISTING LAND USE AND ZONING:
The property is undeveloped with a drainage detention pond currently zoned
MF-18 and is 11 acres ± in size.
Currently, the area is zoned MF18 which also covers an area to the north
including the apartments immediately northwest of the site and those on
Champlin Drive and an area across Kirk Road that has been developed as the
Fellowship Bible Church. The church has a CUP on its property. To the
southeast between Chenal Parkway and Kirk Road is an area zoned O2 - Office
and Institutional District and O3 - General Office. The O2 separates the PCD for
the development at Rahling Circle PCD and the apartments to the east. To the
east on Wellington Villages Road, there is a POD, Planned Office Development
on the north side and R2 - Single Family on the south side with a CUP -
Conditional Use Permit for the church.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This area has seen many Land Use Plan amendments in the past years both
from large scale multiple area changes to individual changes.
December 12, 2012, multiple changes were made along Rahling Road north of
the application area from Residential Medium and Low Density to Office,
Neighborhood Commercial, Residential Medium and Low Density and Park/Open
Space.
On June 27, 2006, a change was made from Low Density Residential,
Neighborhood Commercial and Office to Mixed Office Commercial for an area
south of the application and south and east of the roundabout at Kirk and
Wellington Hills.
June 12, 2014
ITEM NO.: 2 (Cont.) FILE NO.: LU14-19-01
2
Currently, the area is shown as Residential High Density which also covers an
area to the north including the apartments immediately northwest of the site and
those on Champlin Drive and an area across Kirk Road that has been developed
as the Fellowship Bible Church. To the southeast between Chenal Parkway and
Kirk Road is an area shown as Office. To the east on both sides of Wellington
Villages Road, there is an area of Residential Medium Density.
MASTER STREET PLAN:
Kirk Road is shown as a Minor Arterial on the plan. This site is between the
Minor Arterials of Rahling and Wellington Hills Roads. 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. This section of Kirk Road has
been built with vegetated medians. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Kirk Road since it is a
Minor Arterial. Kirk Road 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 lane along part of this site. It starts at the Rahling and
Kirk Roads intersection, travels south on Kirk, turns east on Wellington Village
Road and then turns east on Loyola. A Class II Bikeway is located on the street
as either a 5’ shoulder or six foot marked bike lane. Additional paving and right
of way may be required.
PARKS:
According to the Master Parks Plan, this property is just inside the Eight Block
deficit area, in other words, they are nine or ten blocks from a city park or other
recreational area. The closest park is in St. Charles subdivision.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
ANALYSIS:
The development node clustered around Chenal Parkway, Rahling Road, Kanis
Road and Kirk/Wellington Village is varied in Land Use and zoning. Calculations
of the areas other than Residential Low Density areas shown on the Future Land
Use Plan map yielded these results. Of the 830+ acres, currently one third (35%)
of the acres are Commercial and Neighborhood Commercial. 15% are Mixed
June 12, 2014
ITEM NO.: 2 (Cont.) FILE NO.: LU14-19-01
3
Office Commercial or Mixed Use. One quarter (27%) of the acres are Office and
Suburban Office uses while 16% are Residential High Density and Residential
Medium Density. Public Institutional and Park Open Space make up the
remaining acres with less than 7%.
If this change was approved, 11 acres would change from Residential High
Density to Office and the mix of uses in the overall area would remain virtually
unchanged with Office/Suburban Office uses gaining 1% and Residential High
and Medium Densities losing 1%.
Some areas remain undeveloped and provide for future growth in this node.
There are areas of Residential High Density available (approximately 22 acres)
on Chenal Valley Drive north of Rahling as well as the Residential Medium
Density at Kirk and Wellington Village is undeveloped of approximately 7 acres.
For the Office area to the immediate west and northwest, the area is very hilly
and may not be suitable for Office development. The area under review is one of
the more flat sites in the area. There is some Office undeveloped along the east
side of Kirk, although it is a smaller parcel of land owned by an adjacent use and
partially covered by a pond but remains hilly.
A change from Residential High Density to Office will not create an over-supply
of Office areas nor a under supply of Residential High Density areas on the
Future Land Use Plan map.
This change would abut areas shown on the Future Land Use Plan as Office and
abut areas zoned O-2 - Office and Institutional District. The zoning application to
O2 is a separate application on this agenda.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood association: Villages of
Wellington. Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
This item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and that motion passed with a vote of 10 ayes
and 1 absent.
June 12, 2014
ITEM NO.: 2.1 FILE NO.: Z-6829-B
Owner: Joe D. Whisenhunt Revocable Trust
Applicant: Development Consultants, Inc.
Location: West side of Kirk Road, approximately 800 feet
south of Rahling Road
Area: 11.42 Acres
Request: Rezone from MF-18 to O-2
Purpose: Future office development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and multifamily development; zoned C-1 and MF-18
South – Office use and church; zoned O-3 and MF-18/R-2/C-1
East – Undeveloped property, church and single family residences; zoned POD,
MF-18 and R-2
West – Multifamily development, undeveloped property and office development;
zoned MF-18 and O-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Villages of
Wellington Neighborhood Association were notified of the public hearing.
June 12, 2014
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-6829-B
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use Plan shows
Residential High Density (RH) for this property. The Residential High Density
category accommodates residential development of more than twelve (12)
dwelling units per acre. The applicant has applied for a rezoning from MF-18
(Multifamily 18 units per acre Residential) to O-2 (Office and Institutional District)
to allow for the development of an office development on this site. There is a
separate item on this agenda to amend the Land Use Plan for this site to Office.
Master Street Plan:
Kirk Road is shown as 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 Kirk
Road since it is 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.
E. STAFF ANALYSIS:
Joe D. Whisenhunt Revocable Trust, owner of the 11.42 acre property located
along the west side of Kirk Road, approximately 800 feet south of Rahling Road,
is requesting to rezone the property from “MF-18” Multifamily District to “O-2”
Office and Institutional District. The rezoning is proposed to allow future office
development.
The property is currently undeveloped and grass covered. Undeveloped C-1
zoned property and multifamily development are located to the north along
Rahling Road. An O-3 zoned office development is located to the south.
Fellowship Bible Church is located to the south and east. Undeveloped POD
zoning is also located to the east, with the Villages of Wellington residential
development further east. A multifamily development, vacant O-2 zoned property
and an office development are located to the west.
The City’s Future Land Use Plan designation this property as Residential High
Density. A proposed Land Use Plan amendment to office is a separate item on
this agenda.
June 12, 2014
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-6829-B
3
Staff is supportive of the requested O-2 zoning. Staff views the request as
reasonable. The proposed O-2 zoning will represent a continuation of the
existing zoning pattern in this area. Adjacent properties to the east and south are
zoned O-2 and O-3. The undeveloped POD zoned property across Kirk Road to
the east was approved for a multi-building office development. Fellowship Bible
Church, a large public institutional use, is also located across Kirk Road to the
east and south. Staff believes the proposed O-2 zoning will have no adverse
impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-2 rezoning.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval. There was no further discussion. The item was
placed on the consent agenda and approved by a vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 3 FILE NO.: Z-8947
Owner: Little Rock Athletic Centers, LLC
Applicant: Steve Rousseau
Location: South side of Peckerwood Road
Area: 5.68 Acres
Request: Rezone from R-2 to AF
Purpose: Future use by Little Rock Athletic Club
Existing Use: Single family residence and undeveloped
SURROUNDING LAND USE AND ZONING
North – Little Rock Athletic Center and multifamily development; zoned AF and MF-12
South – Single family residences; zoned R-2
East – Single family residences; zoned R-2
West – Single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Piedmont
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the River Mountain Planning District. The Land Use
Plan shows Residential Low Density (RL) for this property. Residential Low
June 12, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8947
2
Density is for single-family homes at densities no greater than six dwelling units
per acre. The applicant has applied for a rezoning from R-2 (Single-Family
Residential) to AF (Agriculture Forestry District) to allow for the re-development
of this site for recreational and support uses to the Athletic Club.
Master Street Plan:
Peckerwood Road is shown as Local Streets 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”. A Collector
design standard is used for Commercial Streets. These streets may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
BICYCLE PLAN:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
Little Rock Athletic Centers, LLC, owner of the 5.68 acres of property located
along the south side of Peckerwood Road (west of Sam Peck Road), is
requesting to rezone the property from “R-2” Single Family District to “AF“
Agriculture and Forestry District. The rezoning is proposed to allow use of the
property by the Little Rock Athletic Center.
The property proposed for rezoning is located along the south side of
Peckerwood Road. A single family residence which is a separate ownership
separates the property into two (2) portions. The east portion contains a single
family residence and undeveloped property. The Little Rock Athletic Center has
been using the residence for an office or storage use and has paved an area
around the house. Little Rock Athletic Center vehicles have also been parked on
this property. The west portion of the overall property is mostly undeveloped. It
appears that the athletic center may have used a portion of this property for
outdoor recreational use.
The Little Rock Athletic Center main facility is located on the AF zoned property
to the north across Peckerwood Road. Single family residences are located to
the east, west and south. A multifamily development is located further north
along the west side of Sam Peck Road.
June 12, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8947
3
The City’s Future Land Use Plan designates this property as Residential Low
Density. The requested AF zoning to allow recreational and support uses for the
existing athletic center does not require an amendment to the plan.
Staff is supportive of the requested AF zoning. Staff views the request as
reasonable. The requested AF zoning is for the property owned by the Little
Rock Athletic Center. The rezoning will allow the athletic center to use the
property for recreational and support uses. To staff’s knowledge, the Little Rock
Athletic Center has no immediate plan for redevelopment of the property. The
main Little Rock Athletic Center facility is located on AF zoned property across
Peckerwood Road to the north. In addition to agriculture and forestry operations,
the AF zoning allows single family residences and public or private recreational
uses. Rezoning the property to AF to allow use by the Athletic Center represents
a much better option than a rezoning to C-2 or C-3, zonings which would also
allow the recreational use by right. Staff believes the proposed AF zoning will
have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested AF rezoning.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was present. There was one objector present. Three letters of opposition
had been received by staff and forwarded to the Commission. Staff presented the item
and a recommendation of approval.
Steve Roussau, representative for the applicant, stated the Athletic Club had been
using the property without proper zoning for some time. When they were notified of the
violation, they filed for the rezoning. He stated the club wished to continue to use the
building for storage and to have parking on the one lot. He said the larger tract (west)
would be used for trails and passive outdoor use. He said the Club had no plans for
development of the property.
Carrie Simpson, of 7 Sams Cove, spoke in opposition. She said they had checked on
the zoning of the abutting property when they bought their home and saw that it was
zoned single family. She stated she was concerned that rezoning the property for use
by the athletic club could negatively impact her property. She said any development of
the western tract by the athletic club would bring those activities closer to her home.
She spoke of a lack of communication by the athletic club. Ms. Simpson stated many of
her neighbors assumed the rezoning was only for the lot and house being used by the
club, not the larger area under consideration. She presented a petition signed by
16 neighborhood home owners in opposition to the rezoning.
June 12, 2014
ITEM NO.: 3 (Cont.) FILE NO.: Z-8947
4
Darian Schultz, of 4120 Sam Peck, spoke in opposition. He also stated he bought his
home on the assumption that the adjacent property was zoned for and would be
developed as single family. He expressed concern that allowing use by the athletic
club could negatively impact his property.
In response to a question from Chairman Fountain, Director of Planning Tony Bozynski
listed the allowable uses under the AF zoning designation.
The applicant responded that the club wanted to be a good neighbor and not impact the
abutting residents.
In response to a question from Commissioner Berry, Mr. Bozynski explained the
building setbacks required in AF. He also stated no buffer would typically be required.
Commissioner May asked if tennis courts or basketball court could be constructed right
up to the property line. The applicant responded that the club would meet the setback
requirements for any development.
Commissioner Nunnley interjected that a future owner of the athletic club property might
not be as sensitive to the neighbors’ concerns. He stated there were uses allowed in
AF, such as the raising of livestock, that are objectionable in this setting.
Mr. Bozynski suggested that the applicant could offer a condition that a fifty foot buffer
would be maintained. The applicant stated he would amend his application to provide a
fifty foot buffer. Commissioner Nunnley stated was still concerned about raising
livestock. The applicant responded that he would amend the application to eliminate
raising livestock.
Dana Carney, of the Planning Staff, asked that the applicant clarify that the 50 foot
buffer would be on the south and west perimeters of the larger tract and on the south
perimeter of the tract occupied by the house and parking lot. The applicant responded
affirmatively.
A motion was made to approve the application as amended. The motion was approved
by a vote of 9 ayes, 1 no and 1 absent.
June 12, 2014
ITEM NO.: 4 FILE NO.: Z-4516-B
Owner: Dorothy Ukegbu
Applicant: Chindi Ukegbu
Location: 6706 S. University Avenue
Area: 0.74 Acre
Request: Rezone from R-2 to C-4
Purpose: Auto dealership
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Mixed commercial uses; zoned C-4
South – Mixed commercial uses; zoned C-4
East – Mixed commercial and light industrial uses (across University Avenue);
zoned I-2
West – Undeveloped property and single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Mabelvale Pike is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. Route #17 (Mabelvale – Downtown
Route) runs along Mabelvale Pike to the west.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the South
Brookwood Ponderosa, Wakefield and SWLR United for Progress Neighborhood
Associations were notified of the public hearing.
June 12, 2014
ITEM NO.: 4 (Cont.) FILE NO.: Z-4516-B
2
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land Use
Plan shows Commercial (C) for this property. The Commercial category includes
a broad range of retail and wholesale sales of products, personal and professional
services, and general business activities. Commercial activities vary in type and
scale, depending on the trade area that they serve. The site is at the boundary
between an area shown for Residential Low Density to the west and Commercial
to the west. The applicant has applied for a rezoning from R-2 (Single-Family
Residential District) to C-4 (Open Display Commercial District) to allow for the
expansion of an adjacent commercial use.
Master Street Plan:
University Avenue is shown as Principal 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 University Avenue since it
is a Principal Arterial. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II Bike Lanes are shown along University Avenue. Bike Lanes provide a
portion of the pavement for the sole use of bicycles.
E. STAFF ANALYSIS:
Dorothy Ukegbu, owner of the 0.74 acre property located at 6706 S. University
Avenue, is requesting to rezone the property from “R-2” Single Family District to
“C-4” Open Display District. The 0.74 acre property is part of a larger ownership
(6706 S. University Avenue). The property is located at the rear (west end) of
the overall property. The rezoning is proposed in order to incorporate this
property into the larger C-4 zoned area for use as an auto dealership.
The property is currently undeveloped and grass covered. Mixed commercial
uses on C-4 zoned property are located to the north and south along S. University
Avenue (west side). Light Industrial and commercial uses are located across
S. University Avenue to the east. R-2 zoned property is located immediately to the
west along the east side of Mabelvale Pike. Single Family residences are located
along the west side of Mabelvale Pike.
The City’s Future Land Use Plan designates this property as Commercial. The
requested C-4 zoning does not require an amendment to the plan.
June 12, 2014
ITEM NO.: 4 (Cont.) FILE NO.: Z-4516-B
3
Staff is supportive of the requested C-4 zoning. Staff views the request as
essentially a “clean-up” type issue. The proposed C-4 zoning will fill-in a small
gap in the existing C-4 zoning line, while maintaining the R-2 zoned buffer area
along the east side of Mabelvale Pike. There will be approximately 200 feet of
R-2 zoning between the proposed C-4 zoning and Mabelvale Pike. The R-2
zoned buffer area extends along the west side of the majority of the C-4 zoning
located along the west side of S. University Avenue. Staff believes the rezoning
of this 0.74 acre property will have no adverse impact on the adjacent properties
or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicants were present. There were several persons present in opposition. Staff
presented the item and a recommendation of approval.
The applicant, Chich Okegbu, stated he would reserve his time to address any issues
raised by the opposition.
Matt Griffin, of 7025 Mabelvale Pike, spoke in opposition. He read from a petition which
the neighbors had presented to the Commission in which the neighbors outlined five (5)
conditions which they wanted the applicant to agree to in conjunction with the rezoning.
Staff noted that the Commission could not impose conditions but the applicant could
offer conditions. Mr. Griffin offered the following conditions:
1. No entrance to the property from Mabelvale Pike
2. All lights on the property must face University Avenue
3. Operating hours must be between normal business hours
4. No salvage of any kind on the property
5. Wood fence and green space on the R-2 zoned property must be maintained.
Director Joan Adcock, of 6808 Mabelvale Pike, addressed the Commission. She stated
she had lived at that address since 1960 and had seen the commercial development of
University Avenue that began in the 1960’s. She stated the relationship between
residential and commercial properties could work if the commercial property is a good
neighbor. She stated most of the conditions proposed by the neighbors were already
required by City Code. Ms. Adcock stated she wanted all parties to work together.
June 12, 2014
ITEM NO.: 4 (Cont.) FILE NO.: Z-4516-B
4
Chich Okegbu stated he was very respectful of the neighbors. He stated he had
thought the entirety of the property, from University back to Mabelvale Pike, was zoned
commercial when he bought it and it was only after he had purchased the property that
he discovered that not to be the case. He stated he would not do anything to disrupt the
neighborhood and had no problem with most of the suggested conditions. Mr. Okegbu
stated he could not agree to limiting his hours of operation as he typically worked past
“normal business hours.”
Deputy City Attorney stated it was up to the applicant to propose any conditions. She
suggested going through the proposed conditions one-by-one.
Commissioner Nunnley asked Mr. Griffin if proposed condition No. 2 could be changed
to read that lights on the property are to be shielded downward and into the site, which
is language that has typically been used by the Commission. Mr. Griffin agreed.
Commissioner Dillon asked what the typical hours of operation were for the car lot.
Mr. Okegbu replied the hours were typically 9:00 am – 10:00 pm.
Dana Carney, of the Planning Staff, explained any conditions proposed by the applicant
would only apply to this 0.74 acre portion of property. He stated there could be no
access across the R-2 zoned portion of the property from Mabelvale Pike onto the
commercial property. He stated it was reasonable to allow Mr. Okegbu to place a locked
gate in the fence to allow him access from his business onto the R-2 zoned portion so
that he could mow and maintain the R-2 zoned rear portion of the property. Mr. Carney
stated a salvage yard or salvaging of vehicles would not be permitted. He stated
Mr. Okegbu was not proposing to build a structure on this 0.74 acre portion of property;
that it would likely be improved for use as part of the car sales lot. Mr. Carney stated
no working on vehicles outside of a building would be allowed on the property.
Cindy Dawson reiterated the neighborhood’s proposed conditions that Mr. Okegbu had
indicated he would agree to as follow:
1. No entrance to the property from Mabelvale Pike. A gate in the fence will
allow access from the commercial zoned property onto the residential zoned
portion only to allow for the mowing and maintenance of the R-2 zoned
property.
2. All lights on the property are to be shielded downward and into the site.
3. There is to be no salvage of any kind on the property.
4. The wood fence and the green space on the R-2 zoned property must be
maintained.
June 12, 2014
ITEM NO.: 4 (Cont.) FILE NO.: Z-4516-B
5
For the record, Mr. Okegbu stated he was amending his application to include those
conditions.
A motion was made to approve the application, as amended. The motion was approved
by a vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 5 FILE NO.: Z-3276-G
NAME: Sustainable Properties, LLC Office/Warehouse –
Conditional Use Permit
LOCATION: 125 Gamble Road
OWNER/APPLICANT: Sustainable Properties, LLC/Matt Bell
PROPOSAL: A conditional use permit is requested to allow for the
use of this O-3 and C-3 zoned building and site for an
office/warehouse use.
1. SITE LOCATION:
The site is located on east side of Gamble Road, one property south of
West Markham Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. The building has
been used for C-4 type uses (enclosed) for many years. The applicant
proposes to utilize the building for an enclosed office – warehouse use.
Surrounding uses include a variety of office and commercial uses as well
as residential uses of varying density. Allowing the proposed enclosed
use should not affect the site’s continued compatibility with the
neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Gibralter Heights Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
The site contains a 6,000 square foot office – warehouse building. There
is paved and striped parking for 37 vehicles. Access to the site is via a
single driveway off of Gamble Road. The parking lot is located on the O-3
and C-3 zoned portion of the site. The parking appears to be sufficient for
the use.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s landscape and buffer ordinance
requirements.
June 12, 2014
ITEM NO.: 5 (Cont.) FILE NO.: Z-3276-G
2
All vehicular use areas which were in existence prior to the effective date
of the Landscape Ordinance may continue as non-conforming until such
time a building permit is issued to rehabilitate a structure on the property
exceeding (50) percent of current replacement cost of the structure. At
such time (50) percent of the existing vehicular use area shall be brought
into compliance and shall continue to full compliance on a graduated scale
based on the percentage of rehabilitation cost.
An irrigation system shall be required for developments of one (1) acre or
larger.
For developments of less than one (1) acre a there shall be a water
source within seventy-five (75) feet of the plants to be irrigated.
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.
All landscaped materials are to be in good shape. Repair and replace
damaged or missing plant materials.
Dumpsters are to be enclosed to comply with Code requirements.
5. PUBLIC WORKS COMMENTS:
1. Gamble Road is classified on the Master Street Plan as a collector
street. A dedication of right-of-way thirty (30) feet from centerline will
be required. Provide a right-of-way centerline on the survey to
determine if the existing right-of-way is sufficient.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3. If the driveway is proposed to be gated or chained in the future, the
obstruction can be located no closer than twenty (20) feet from the
back of curb of Gamble Road.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has no objection to this
proposal. Contact Entergy should service requirements change for the
building.
June 12, 2014
ITEM NO.: 5 (Cont.) FILE NO.: Z-3276-G
3
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objection. 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.
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.
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 or
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org.
June 12, 2014
ITEM NO.: 5 (Cont.) FILE NO.: Z-3276-G
4
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A route is located
nearby to the east, at Markham and Chenal.
SUBDIVISION COMMITTEE COMMENT: (MAY 21, 2014)
Matt Bell was present presenting the application. Staff presented the item and
noted some additional information was needed on the proposed use. The
applicant was asked to provide days and hours of operation and a signage plan.
Staff commented that the dumpsters needed to be screened and the perimeter
site fencing repaired as needed.
Landscape and Public Works Comments were discussed. The applicant was
asked to provide a survey indicating the right-of-way centerline.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The C-3 and O-3 zoned, one acre tract located at 125 Gamble Road is occupied
by a one-story, metal and frame building and an asphalt and paved parking lot.
The building and some of the parking is located on the C-3 zoned portion of the
site. The majority of the parking lot is located on the O-3 zoned portion. The site
has a history of use by C-4 type uses including a landscape maintenance
company and an automobile detail shop. Those uses were approved through the
conditional use permit process in the 1990s. The applicant is now requesting
approval of a CUP to allow the site to be occupied by an office – warehouse use.
The specific proposed tenant is Home Energy Rx, a home energy evaluation
company and home energy retrofitting contractor for Entergy.
The applicant submitted responses to most of the issues raised at Subdivision
Committee. Signage will comply with that allowed in office and institutional
zones. The business employees 35 full-time persons. Ten (10) employees work
on site and 25 are field technicians. All materials are stored in the warehouse
and there is no outside storage. Hours of operation are Monday through Friday,
7:00 a.m. – 5:00 p.m. No site lighting is proposed. Dumpster screening will be
installed to comply with code requirements. A 6-foot tall wood privacy fence is
located along the north, south and east perimeters of the site. The applicant
states any needed repairs will be made to the fence.
June 12, 2014
ITEM NO.: 5 (Cont.) FILE NO.: Z-3276-G
5
To staff’s knowledge, there are no outstanding issues. The plat – bill of
assurance for Hilldale 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.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to correctly complete the notice
requirement and the item needed to be deferred to the July 24, 2014 agenda.
There was no further discussion. The item was placed on the consent agenda
and deferred to the July 24, 2014 agenda by a vote of 10 ayes, 0 noes and
1 absent.
June 12, 2014
ITEM NO.: 6 FILE NO.: Z-6923-B
NAME: Pulaski Heights Presbyterian Church Day Care and
Private School – Conditional Use Permit
LOCATION: 4401 Woodlawn Drive
OWNER/APPLICANT: Pulaski Heights Presbyterian Church
PROPOSAL: A conditional use permit is requested to allow for the
expansion of a previously approved day care and to
allow for the addition of a small private school to this
R-2 zoned church site.
1. SITE LOCATION:
The site is located on the south side of Woodlawn Drive, between Walnut
and Ash Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church has been a part of the neighborhood for decades.
Surrounding uses are primarily single family homes on typical, urban lots.
The Hillcrest Commercial district is located one block to the north, along
Kavanaugh. Allowing the proposed increase in enrollment for the
previously approved day care and the addition of the small private school
to this existing, institutional site should not affect the church’s continued
compatibility with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Hillcrest Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Total enrollment for the day care (6 weeks to 6 years old) is 58 children
with 13 employees; requiring 18 parking spaces. The elementary school
will have a maximum enrollment of 20 students in grades 1 thru 6 with
6 employees. Assuming one classroom per grade, the parking
requirement is 12 parking spaces. Staff will park in the 25 space parking
lot located across Walnut Street, freeing up the 20 space parking lot next
to the church buildings for parents and for drop-off/pickup. Parents will
enter the site from Ash Street and exit onto Woodlawn. During the
drop-off and pickup times, there will be an attendant in the parking lot to
help direct traffic flow. On street parking is available for other visitors
to the church during the week. The Hillcrest Design Overlay District
allows the use of on-street parking to meet parking requirements.
June 12, 2014
ITEM NO.: 6 (Cont.) FILE NO.: Z-6923-B
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Is the applicant proposing a day care, afterschool care, and elementary
school facility? Provide the child care and school hours? Provide
times children are dropped off and picked up? Provide location of staff
parking.
2. Vehicle stacking is not allowed on city streets. Provide a traffic
circulation plan showing parking spaces, drop off/pickup areas,
stacking areas, and vehicles circulation. Provide pavements widths
and stack lengths. Will traffic circulation be directed by staff on site
during start and dismissal times? Staggered start and dismissal times
maybe needed.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted. Entergy has no objection to this
proposal.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No objection. All Central Arkansas Water requirements in effect at
the time of request for water service must be met.
Contact Central Arkansas Water regarding the size and location of the
water meter.
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.
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.
June 12, 2014
ITEM NO.: 6 (Cont.) FILE NO.: Z-6923-B
3
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,
maintain access, Fire sprinkler system.
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 information on submittal requirements and the review process,
contact a commercial plans examiner:
Curtis Richey at (501) 371-4724; crichey@littlerock.org or
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org.
County Planning: No Comments.
CATA: Approved as submitted. Served by CATA Bus Route # 8 off of
Lee Avenue and Route # 1 off Kavanaugh.
SUBDIVISION COMMITTEE COMMENT: (MAY 21, 2014)
The applicants were present. Staff presented the item and noted little additional
information was needed. The applicants were asked to provide the hours of
operation of the day care and the school. In response to a question from staff,
the applicants stated no additional signage was requested beyond that approved
on September 19, 2013.
Public Works Comments were discussed. The applicants were asked to provide
a traffic circulation plan showing drop-off/pickup areas, stacking areas and
vehicle circulation. Staff noted that vehicle stacking on public streets was not
permitted. The applicants stated employees would park in the lot across Walnut
Street, freeing up to the on-site parking lot for use by the parents for parking and
drop-off/pickup.
June 12, 2014
ITEM NO.: 6 (Cont.) FILE NO.: Z-6923-B
4
The applicants were advised to respond to staff issues by Wednesday, May 28,
2014. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Pulaski Heights Presbyterian Church occupies the north half of the R-2 zoned
block bounded by Woodlawn, Walnut, Ash and Lee. The main building is located
on the east half of the block. The west half contain three smaller buildings and
church parking lot. An additional parking lot is located across Walnut Street to
the east. On October 26, 2000, a CUP was approved to allow a day care in the
church. It was not done and that approval expired. On September 29, 2013, a
CUP was approved to allow a day care for children ages 18 months to 5 years.
The maximum capacity approved was 36 children with 8 employees. The day
care was approved to be located in classroom space in the main church building.
Approved days and hours of operation are Monday through Friday, 7:30 a.m. –
5:30 p.m. The playground is “tucked” into the “U-shaped” main building area.
Operation of the day care is in partnership with Village Montessori.
The church is now requesting a revision to the CUP to allow for an expansion of
the day care and the addition of a small private school; continuing the partnership
with Village Montessori. The day care is proposed to expand to include infants
6 weeks to 18 month with a maximum enrollment of 22 children with 5 employees.
The private school is proposed to be only for elementary ages 1 to 6th grade with
a maximum enrollment of 20 students total with 6 employees. The elementary
school is proposed to be located in the main church building alongside the
previously approved day care. The infant care program is proposed to be located
in the structure located on the northwest corner of the church property.
Days and hours of operation for the infant care are the same as the previously
approved day care; Monday through Friday, 7:30 a.m. – 5:30 p.m. The
elementary school will operate Monday through Friday, 8:00 a.m. – 3:00 p.m.
with after school care from 3:00 p.m. – 5:30 p.m.
Staff will utilize the parking lot located across Walnut Street, east of the church.
The on-site parking will be utilized for parking by parents and for drop-off/pickup.
Parents will enter the site from Ash Street and exit onto Woodlawn. During the
drop-off and pickup times, there will be an attendant in the parking lot to help
direct traffic flow. With the staff taken out of the equation, the parking
requirement for the day care and school is a total of 11 spaces (1 space for every
10 children in the day care and 1 space per classroom in the elementary school).
To staff’s knowledge, there are no outstanding issues. The expansion of the day
care and addition of the elementary, with the small numbers proposed, appears
to be a reasonable use on this established institutional site. The 1921 plat – bill
of assurance does not address use issues.
June 12, 2014
ITEM NO.: 6 (Cont.) FILE NO.: Z-6923-B
5
STAFF RECOMMENDATION:
Staff recommends approval of the revised CUP subject to compliance with the
following conditions:
1. Compliance with the comments in Sections 5 and 6 of the agenda staff report.
2. Operation of the day care and private school, including parking and
drop-off/pickup, is to be as proposed and described in the staff analysis.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to correctly complete the notice
requirement and the item needed to be deferred to the July 24, 2014 agenda.
There was no further discussion. The item was placed on the consent agenda
and deferred to the July 24, 2014 agenda by a vote of 10 ayes, 0 noes and
1 absent.
June 12, 2014
ITEM NO.: 7 FILE NO.: Z-8168-B
NAME: Redeemer Community Church – Conditional Use
Permit
LOCATION: 11512 David O Dodd
OWNER/APPLICANT: H L Land Development, LLC/Redeemer Community
Church
PROPOSAL: A conditional use permit is requested to allow a
church on this undeveloped 20+ acre, R-2 zoned
tract.
1. SITE LOCATION:
The site is located on the north side of David O Dodd Road, east of I-430.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church development is proposed to occur only the front (south)
portion of the tract, nearest David O Dodd. The back portion of the site
will contain a walking trail. I-430 abuts the site to the west. Property to
the north and northeast is wooded and undeveloped. A new single family
subdivision is located to the east. A few homes on larger tracts are
located to the south. A CUP was recently approved for a church to be
located at the southwest corner of I-430 and David O Dodd. Staff believes
the church as proposed is compatible with the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the SWLR United for Progress and Waters
Edge Neighborhood Association. The church met with the neighborhood
on April 26, 2014 to introduce themselves and explain their plans for the
site.
3. ON SITE DRIVES AND PARKING:
The sanctuary building is designed with a shared sanctuary – fellowship
area with a total seating capacity shown of 430 persons. Reconfiguration
of seating could allow for expansion up to 500 persons. Based on a
capacity of no more than 500, 125 parking spaces are required. The
church is proposing parking for 196 vehicles with a single access point
onto David O Dodd Road. All vehicular use areas are to be paved to
comply with Code requirements, including concrete curbing.
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements. 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. The
maximum dimension required shall be fifty (50) feet in all instances.
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.
A perimeter planting strip is required along any side of a vehicular use
area that abuts adjoining property. 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. Existing
trees and shrubs can be counted to satisfy this requirement.
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
three hundred (300) square feet for developments with more than one
hundred fifty (150) parking spaces. Interior islands must be a minimum of
seven and one half (7 1/2) feet in width. Trees shall be included in the
interior landscape areas at the rate of one (1) tree for every twelve (12)
parking spaces.
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.
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.
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
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.
5. PUBLIC WORKS COMMENTS:
1. David O. Dodd Road is classified on the Master Street Plan as a
minor arterial. A dedication of right-of-way forty-five (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 these
streets including 5-foot sidewalks with planned development. The
new back of curb should be located either 29.5 feet or 24 feet from
the centerline. Currently, a Master Street Plan amendment for David
O. Dodd Road is being reviewed by the Board of Directors to reduce
the street section from 59 feet to 48 feet. The Board of Directors is
scheduled to vote on this change on June 3, 2014.
3. A grading permit in accordance with Section 29-186 (c) & (d) will be
required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of construction.
4. Storm water detention ordinance applies to this property.
5. 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.
6. The right-of-way along the property frontage is controlled by AHRD
and City of Little Rock. AHTD has denied widening to David O. Dodd
Road. Due to the City of Little Rock only controlling the right-of-way
along the eastern 150 feet of the property frontage and the
realignment of future David O. Dodd Road, a payment in-lieu of
construction should be made to City of Little Rock for the cost of
street widening prior to the issuance of the building permit.
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
Engineer at 379-1813 (Greg Simmons) for more information.
8. Provide a letter prepared by a registered engineer certifying the sight
distance at the intersection(s) comply with 2004 AASHTO Green
Book standards. To the east is the existing 90 degree turn and to the
west is the overpass. Contact Nat Banihatti at 379-1818 with any
questions on required sight distance.
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
4
9. The detention pond shows to empty onto the neighbor’s property with
no drainage easements or proposed improvements.
10. Obtain permits for improvements within State Highway right-of-way
from AHTD, District VI.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Entergy does not object to this proposal. Three phase service is
available from/at David O. Dodd Road. Contact Entergy well in advance
to work out service requirements, easements and construction schedules.
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.
A water main extension will be needed to provide water service to this
property.
This development will have minor impact on the existing water distribution
system. Proposed water facilities will be sized to provide adequate
pressure and fire protection.
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.
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 regarding the size and location of the
water meter.
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
5
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,
maintain access 26 feet road and drive isles, Fire sprinkler system.
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 or
Mark Alderfer at (501) 371-4875; malderfer@littlerock.org.
County Planning: No Comments.
CATA: Approved as submitted. Over 1.5 miles from Route # 9 and
Route 23.
SUBDIVISION COMMITTEE COMMENT: (MAY 21, 2014)
Tom Arnold and Jonathan Hope were present representing the application. Staff
presented the item and noted little additional information was needed. The
applicant was advised to submit a signage plan, to indicate any proposed fencing
to locate the dumpster and screening. In response to questions from staff, the
applicant stated no other uses such as day care or private school were proposed
and the development would be constructed in one phase. Staff asked the
applicant to indicate the limits of construction so as to be able to determine what
portion of the site would remain undisturbed.
Public Works Comments were discussed. The applicant was asked to provide
additional drainage information since the plan indicated a detention pond on site
emptying onto an adjacent property. Staff suggested a payment in-lieu of
improvements to the portion of David O Dodd outside of AHTD’s control in light of
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
6
the future realignment of the street. Staff requested sight distance certification
for the driveway complying with 2004 AASHTO Green Book Standards.
Landscape Comments were discussed. Staff noted the street buffer appeared to
be less than the required 50 feet. The applicant stated he would make the
change. Screening and buffer requirements on the perimeter adjacent to
residential properties were noted.
The applicant was advised to submit responses to staff issues by Wednesday
May 28, 2014. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Redeemer Community Church is requesting approval of a conditional use permit
to allow for construction of a new church on the undeveloped, 20± acre tract
located at the northeast corner of David O Dodd overpass at I-430. The property
has at times in the past been considered for development as single family homes
and condominiums. None of those previously considered developments have
occurred and the property has remained wooded and undeveloped.
The church is proposing construction of two buildings connected by a covered
courtyard. A single driveway off of David O Dodd will provide access to a 196
space parking lot. The development will occur on the southern portion of the site,
nearest David O Dodd. The northern portion of the property will remain
undeveloped other than for some walking trails. A portion of that area may be
cleared for an informal playfield. The site will be developed in one phase.
Building 1 is approximately 5,000 square feet in area. This building will contain
classrooms, offices and restrooms. Building 2 is approximately 8,000 square feet
in area. It will contain a combined sanctuary – fellowship space, kitchen and
restrooms. Set seating for the sanctuary is 238 seats. Additional seating utilizing
the fellowship space is indicated as 192 spaces for a combined total of 430
seats. A covered courtyard area connects the two buildings.
The buildings are proposed to have an exterior of metal, stone and brick with a
metal sloped roof. Building height is proposed as one-story, not to exceed the
allowable height of 35 feet. Days and hours of usage are as is typical for a
church. No additional uses such as day care or private school are proposed.
A 50 foot buffer is indicated on all perimeters of the site. The actual developed
portion of the site is approximately 200 feet away from the property line abutting
the neighborhood to the west. The detention area is indicated near the
southwest corner of the site and may involve some disturbance of the buffer in
this area. If so, the buffer will need to be replanted.
June 12, 2014
ITEM NO.: 7 (Cont.) FILE NO.: Z-8168-B
7
Signage is proposed to comply with that allowed in office and institutional zones.
The dumpster and required screening have been indicated on the plan as
requested by staff. All site lighting is to be low-level and directional, shielded
downward and into the site.
The applicant revised the drainage for the detention pond so that it drains to the
right-of-way, not the neighboring property. Permission will be required from
AHTD at the time of construction. The applicant has been working with staff to
adjust the driveway location to comply with AASHTO standards for sight-
distance. The driveway will need to be moved to comply with those standards.
This can be accomplished with minimal change to the plan.
There is no bill of assurance for this acreage tract. To staff’s knowledge, there
are no outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 3, 4, 5 and
6 of the agenda staff report.
2. Those areas of the 20± acres site not specifically approved for development
under this approved CUP are to remain undisturbed.
3. All site lighting is to be low-level and directional, shielded downward and into
the site.
4. Any portion of the buffer at the southwest corner of the site that is disturbed
for detention area is to be replanted to provide buffer and screening.
PLANNING COMMISSION ACTION: (JUNE 12, 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 as recommended by staff by a vote of 10 ayes, 0 noes and
1 absent.
June 12, 2014
ITEM NO.: 8 FILE NO.: Z-8946
NAME: Bowers Street Duplexes (3) – Conditional Use Permit
LOCATION: 4408 – 4420 Bowers Street
OWNER/APPLICANT: Travoris Akins and Charles Clifton/Stanley Phillips
PROPOSAL: A conditional use permit is requested to allow for
construction of three (3) duplex residential structures
on these vacant, R-3 zoned, 3 ½ lots.
1. SITE LOCATION:
The site is located on the west side of Bowers Street, south of West 44th
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
Surrounding properties are zoned and occupied by single family
residences. The two homes directly north of the site are relatively new.
Although staff typically is supportive of the slight increase in density
proposed by duplex development, the issue of compatibility must be
considered. The development as proposed has paved front yard areas.
Additionally, the orientation of the northern units is toward each other
rather than to the street as is typical in the neighborhood.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the John Barrow and West Heights Place
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
Each duplex requires 1 ½ parking spaces per unit (3 total for each duplex
structure). The applicant is proposing a shared driveway and 6 parking
spaces for the northern 2 duplexes (units 1-4). The southern duplex (units
5 and 6) has 6 parking spaces.
The parking is located in front of the dwellings. The parking cannot be
placed behind the dwellings due to a concrete drainage ditch that crosses
the properties. The applicant has proposed to plant trees on the north,
south and street perimeters of the parking area and to install shrubbery
between the parking and the buildings to help soften the effect of having
the parking in the front yard.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Bowers Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way twenty-five (25) feet from centerline
will be required.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3. All driveways shall have concrete aprons per City Ordinance.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Entergy does not object to the proposal. Electrical facilities run
along Bowers Street and are available to serve the duplexes. Contact
Entergy well in advance so that service requirements, easements and
construction schedules can be worked out.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: No Objection. 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.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
3
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: Place Fire hydrants per Code and maintain access.
Building Codes Comment: Project is subject to all current residential code
requirements. Fire Separation required. 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: Approved as submitted. Site is less than one-fourth mile from
Route # 9 and less than one-half mile from Route # 14.
SUBDIVISION COMMITTEE COMMENT: (MAY 21, 2014)
The applicant, Stanley Phillips, was present. Staff presented the item and
expressed concerns about the proposed parking design and the orientation of the
buildings. Mr. Phillips stated it was the same layout previously approved for
duplexes he recently constructed at 34th and Longcoy. Staff expressed concern
that the project as proposed was more of a multifamily development in
appearance and not similar to the existing single family development in the
neighborhood. He stated the parking could not be put behind the buildings
because a concrete-line drainage ditch crossed the property, limiting the depth of
buildable area. Staff suggested he make some attempt to provide more green
space at the front of the lots.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
4
Public Works Comments were noted. Staff suggested he verify the location of
the ditch as it appeared to be further back on the property than what was shown
on the survey.
Mr. Phillips presented letters of support from two area churches and one
neighborhood resident. He stated he also had support from the John Barrow
Neighborhood Association.
The applicant was advised to submit responses to staff issues by Wednesday,
May 28, 2014. The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant, Stanley Phillips, is requesting approval of a conditional use permit
to allow for the construction of 3 duplex structures (6 units total) on the vacant,
R-3 zoned, 3 ½ lots located at 4408 – 4420 Bowers Street.
The structures are proposed to be 1 story in height, built of wood frame
construction with vinyl siding and a pitched, shingled roof. The northern two
duplexes (units 1-4) are designed to face each other onto a common courtyard.
Units 1-4 are proposed to contain 2 bedrooms and 1 ½ baths. The southern
duplex (units 5 and 6) faces the street. These units contain 3 bedrooms and 2
baths.
A common driveway provides access to 6 parking spaces for units 1-4. A
separate driveway provides access to 6 parking spaces for units 5 and 6. In both
cases, the parking spaces are parallel to the street, in the front yard area. The
parking cannot be placed in the rear yard because a concrete-lined drainage
ditch effectively cuts off the rear portion of the properties. Placing the parking
behind the buildings and bringing the buildings forward on the lots would cause
the buildings to be closer to the street than other homes in the neighborhood. To
help mitigate the visual effect of having the parking in the front yard, the applicant
has proposed to plant trees along the north, south and street perimeters of the
parking area. Shrubbery is proposed to be placed between the buildings and the
parking.
Staff is not able to support the development as proposed. The paving of the front
yards creates an appearance that is not compatible with the existing single family
residential neighborhood. Other homes surrounding the site have typical front
lawn areas and a single-wide or double-wide driveway perpendicular to the
street. Additionally, the orientation of the two northern duplex structures is such
that it creates more of a “multifamily complex” appearance rather than having the
front façade face the street as is typical in the neighborhood.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
5
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicants were present. There were several persons present, both in
opposition and in support. Several letters of opposition and support has been
received by staff and forwarded to the Commission. Staff presented the item and
a recommendation of denial.
Stanley Phillips, the applicant, addressed the Commission. He stated he had
done several similar developments in the John Barrow Community. He said the
building orientation and parking design with this project was similar to one that he
had recently built in the neighborhood. Mr. Stanley stated the parking design
worked and had created no problems. He made note of the letter of support from
the church across the street.
Raymond Rader, of 4424 Bowers Street, spoke in opposition. He stated the
neighborhood was opposed to duplexes and asked the Commission to keep the
property single family. He voiced his concerns about the development being too
dense for the neighborhood. He said the duplexes would be occupied by renters
who would not be as stable residents of the neighborhood as home owners
would be.
Delisa Rader, of 4424 Bowers Street, also spoke in opposition. She voiced her
opposition to the parking plan, with the front yards being paved. She stated the
angle of the parking was such that car lights would be shining into her home.
Ruth Bell, of the League of Women Voters of Pulaski County, spoke in opposition
to the plan. She stated the League supported increased density to allow
duplexes but the development must be compatible with the neighborhood. She
stated the proposed parking design was not compatible with the neighborhood.
Ms. Bell asked the Commission to reject the proposal.
Carolyn Heitman, President of the John Barrow Neighborhood Association,
spoke in support of the proposal. She stated the Association had worked with
Mr. Phillips on past proposals and had had no problems with any of the projects
he had built in the neighborhood. She said it not appropriate to put a negative
stereotype on renters. Ms. Heitman said the Association was supportive and
would rather see the parking as proposed rather than have additional parking in
the street.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
6
Beulah Scott, of 4504 Foster Street, spoke in opposition. She said the proposal
would result in too many families in a small area. Ms. Scott stated the proposed
duplexes would not fit in with the neighborhood.
Becky Epperson, of 4511 Bowers Street, stated she also was concerned about
the number of people who would be living on the site, the parking design and the
possible effect on property values.
Kwendeche, Mr. Phillips’ architect, stated they had tried to mitigate the visual
impact of the parking by proposing to install trees around the site and by adding
landscaping between the parking and the buildings. He said the buildings would
appear as single family when viewed from the street, not multifamily. He stated
the aesthetics of the site were appropriate for the neighborhood.
Commissioner Berry commented that it was appropriate to have a mixture of
housing types and density in a neighborhood. He stated he saw design
problems with this proposal and he was opposed to the current application
design.
Commissioner Nunnley stated he respected what Mr. Phillips had done in the
neighborhood. He stated his concern was related to the proposed density and
design of this project.
Mr. Phillips stated there were constraints on the site due to the drainage ditch
which bisected the property and he could not put the parking in the rear. He
stated he could reduce the density to two duplexes and redesign the parking to
be more compatible with the neighborhood.
Chairman Fountain asked for staff’s opinion on Mr. Phillips’ new proposal.
Dana Carney, of the Planning Staff, responded that staff was typically supportive
of increased density in the developed urban areas of the City. He stated design
was an important component, including building orientation and parking design.
Mr. Carney stated staff would like to see a revised plan before making additional
comments.
In response to a question from Chairman Fountain, Mr. Rader stated the
neighborhood wanted the properties to remain single family and they did not
support any duplexes.
Chairman Fountain stated single family residences could be occupied by renters
if that was the neighborhood’s objection. Mr. Rader responded that renters
would be okay as long as they are in single family residences. He stated
deferring the item to make the changes Mr. Phillips spoke of would make no
difference as the neighborhood was opposed to duplexes.
June 12, 2014
ITEM NO.: 8 (Cont.) FILE NO.: Z-8946
7
Chairman fountain asked Mr. Phillips if he wished to defer the item to make
changes. Mr. Phillips responded that he did. A motion was made to defer the
item to the July 24, 2014 agenda. The motion was approved by a vote of 9 ayes,
0 noes and 2 absent.
June 12, 2014
ITEM NO.: 9 FILE NO.: G-25-214
Name: East 6th Street – Picron Street – East 9th Street Name
Change to Dassault Boulevard and Temple Street
Location: East 6th Street – Picron Street – East 9th Street; between
Bond Street and Temple Street
Petitioner: Dassault Falcon
Request: To rename this street to Dassault Boulevard and Temple
Street
Abutting Uses and Ownership:
The majority of the properties abutting this street are owned by the Airport Commission and
are either vacant or developed with airport uses. The vacant site formerly occupied by
Hollingsworth Grove is owned by the Housing Authority. The City of Little Rock East Little
Community Center occupies some property at 6th and Townsend. Two other businesses own
property along the street but they take addresses from the cross streets.
Neighborhood Effect:
It appears only the City Community Center, which has an address of 2500 East 6th Street will
be affected. Most of the properties abutting the street are vacant. The couple that are not
take an address from the cross streets.
Neighborhood Position:
Letters of support have been submitted by the Airport Commission and one abutting property
owner (Wilson Company). Notice of the proposal was sent to the East Little Rock
Neighborhood Association, other owners of properties abutting the street were notified.
Effect on Public Services:
All reviewing agencies have approved the name change. Manufacturing and installation of
new street signs is $100.00 per sign. The fee is collected prior to installation. It appears that
nine signs are needed.
Staff Analysis:
Dassault Falcon Jet is requesting that the name of the new street extending from Bond to the
round-a-bout at Picron and East 9th be changed from East 9th – East 6th – Picron to Dassault
Boulevard. The new street ends at the round-a-bout at the entrance to the Dassault Falcon
Jet facilities on the north side of Bill and Hillary Clinton National Airport. The proposed name
June 12, 2014
ITEM NO.: 9 (Cont.) FILE NO.: G-25-214
2
change would be to honor Dassault Falcon Jet’s founder and his family. Additionally, the
name change would help to identify the location of Dassault Falcon campus for the
company’s national and global customers.
The application when originally filed was to change the name of the street, from Townsend to
Temple, to “Marcel Dassault Boulevard”. At staff’s suggestion, the application was revised to
change the street, from Bond to the round-a-bout, to Dassault Boulevard. This reduces
confusion with a more logical beginning and ending point and the name will comply with
MUTCH standards for font dimensions on street signs.
Additionally, staff has suggested and the applicant agreed to change the name of East 9th
Street, from the round-a-bout to the existing Temple Street, to Temple Street. This further
eliminates confusion and the round-a-bout makes a logical location for the name change.
Staff Recommendation:
Staff recommends that the name of the new East 9th Street – East 6th – Picron Street, from
Bond Street to the round-a-bout at Picron Street and East 9th Street, be changed to Dassault
Boulevard.
Staff recommends that the name of East 9th Street, from the round-a-bout at Picron Street
and East 9th Street to the existing Temple Street, be changed to Temple Street.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed the
Commission that the applicant had requested withdrawal of the item on June 10, 2013, less
than five (5) days prior to the hearing date. Staff recommended approval of the withdrawal
request, without prejudice. A motion was made to waive the Commission’s Bylaws to accept
the late withdrawal request. The motion was approved by a vote of 10 ayes, 0 noes and
1 absent. The item was placed on the consent agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 10 FILE NO.: G-25-215
Name: Riley Drive Name Change to CARTI Drive
Location: Riley Drive, from John Barrow Road to where the street
becomes a private street at the gate to the Woodland
Heights Facilities
Petitioner: John Flake, Flake and Kelley/Frank Riggins, Crafton Tull
Request: To rename this portion of Riley Drive to CARTI Drive.
Abutting Uses and Ownership:
Two developments are located at the corner of John Barrow and Riley Drive; a furniture
rental store and a former shopping center that contains Arvest Bank offices and facilities.
Both of these take an address from John Barrow. The new CARTI facility is under
construction on the south side of Riley Drive. Woodland Heights, a 146 unit retirement
community, is located in an 8-story building at the east end of Riley Drive as is Woodland
Hills, a 140 bed nursing home and rehabilitation center. Both of these facilities are located on
the portion of Riley Drive that is a private street. The property on the north side of Riley
Drive, across from where the CARTI facility is being constructed, is wooded and
undeveloped.
Neighborhood Effect:
The proposal is to rename the public portion of Riley Drive to CARTI Drive, leaving the
private portion occupied by Woodland Heights and Woodland Hills with addresses of 8700
and 8701 Riley Drive respectively. The street would be named CARTI Drive, from the John
Barrow intersection to the point where the public street ends. Under this proposal, only the
name of the CARTI facility now under construction would be changed.
Staff has concerns that changing the street name could create confusion and delays for
emergency responders needing access to the retirement community and nursing
home/rehabilitation center. Additional confusion could be created for residents of and visitors
to the retirement community and nursing home if the street providing access to them from
John Barrow Road is renamed.
Neighborhood Position:
No opinion has been voiced by any neighborhood resident. Since the applicant proposes to
leave Woodland Heights and Woodland Hills with Riley Drive addresses, they were not
notified. Notice was sent to the John Barrow Neighborhood Association.
June 12, 2014
ITEM NO.: 10 (Cont.) FILE NO.: G-25-215
2
Effect on Public Services:
Staff has concerns about the effect on emergency services as noted above. No specific
opposition has been voiced by emergency service providers but neither has clear approval
been given. No opposition was voiced by other reviewing agencies.
Staff Analysis:
CARTI, Central Arkansas Radiation Therapy Institute, is currently constructing a new facility
on the south side of Riley Drive. Riley Drive is a half-mile long cul-de-sac located east off of
John Barrow Road, south of I-630. Riley Drive is partially a public street and partially a
private street. The public portion ends at a gated entry to the Woodland Heights and
Woodland Hills facilities. At that point, the street becomes private.
CARTI is requesting that the name of the public portion of Riley Drive be renamed CARTI
Drive. They state in the cover letter submitted with the application that they believe the name
change would make it easier for clients coming to the site to locate the facility. They
proposed to leave the private portion of the street as Riley Drive, thus not affecting the
addresses of the residents of Woodland Heights and Woodland Hills.
Staff has concerns with the proposed name change. Staff believes changing the name of the
street could lead to confusion and delay in emergency situations where response is needed
at the retirement community, nursing home or rehabilitation center. Additionally, Woodland
Heights contains 146 apartments occupied by retirees, many of whom still drive. Although
their mailing addresses would not change, adding the new street name could potentially
impact not just the residents but their visitors for the very reason CARTI states they want the
name change for their clients’ benefit.
If CARTI desires to have a CARTI Drive address, their driveway off of Riley Drive could be
given that street name and the facility could be addressed off of the driveway as #1 CARTI
Drive. This is a new facility and CARTI’s clients are having to find the facility regardless of
what street it is on. It appears to staff to be less impactful to leave the name of Riley Drive in
place.
Staff Recommendation:
Staff recommends denial of the requested street name change.
June 12, 2014
ITEM NO.: 10 (Cont.) FILE NO.: G-25-215
3
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The applicant was not present. There were no objectors present. Staff informed the
Commission that the applicant had requested withdrawal of the item on June 10, 2013, less
than five (5) days prior to the hearing date. Staff recommended approval of the withdrawal
request, without prejudice. A motion was made to waive the Commission’s Bylaws to accept
the late withdrawal request. The motion was approved by a vote of 10 ayes, 0 noes and
1 absent. The item was placed on the consent agenda and approved for withdrawal by a
vote of 10 ayes, 0 noes and 1 absent.
June 12, 2014
ITEM NO.: 11 COMPLETE STREET POLICY
Name: Complete Streets Policy and Master Street Plan Amendment related to
Bike Plan requirements
Location: Jurisdiction wide
Request: Approve a Complete Streets Policy for Little Rock and Amend the Master
Street Plan to help implement that policy.
Source: Staff
PROPOSAL / REQUEST:
To approve a Complete Streets Policy for Little Rock, this policy indicates that streets
should be constructed and maintained such that all forms of transportation may safely
and freely use the streets of Little Rock – pedestrian, non-motorized and motorized. To
help implement this proposed policy a second item is presented to modify the Master
Street Plan as it relates to dedication, construction, and marking for Bike Paths, Lanes
and Routes within Little Rock.
ANALYSIS:
The Bike Friendly Community Committee of Little Rock approached the City of Little
Rock about adopting a Complete Streets Policy. This group of volunteers reviewed
similar policies and recommendations from some national organizations to write a policy
they wanted the City of Little Rock to adopt. After some discussions with Staff in early
2013, a resolution of intent to adopt a Complete Streets Policy- was approved by the
Little Rock Board of Directors in April 2013 – Resolution No. 13675. This resolution
instructed Staff to develop a Policy over the next year, so that the Board could adopt it.
The City Manager’s Office first brought together staff from Parks & Recreation, Public
Works and Planning Departments to discuss the issue. Individuals from various interest
groups –health, aging, bicycle, public transit, and development community, were invited
to participate and meetings were held in late 2013 and early 2014. The intent of the
group was to develop a ‘Policy Statement’ for the Board of Directors and to look at
changes that might need to be made in Little Rock to help implement that Policy.
The goal for the group was to develop a consensus that could be used as a guide to the
City and development community for a road system that would be safe and available for
all types of transportation. The City’s roads should be safe and usable for pedestrians,
non-motorized vehicles, and motorized vehicles. Several members of the group
provided examples of ordinances and resolutions from other communities in Arkansas
and around the country. The group also reviewed how roadways were built and
maintained in Little Rock as well as the current regulations related to this.
June 12, 2014
ITEM NO.: 11 (Cont.) COMPLETE STREET POLICY
2
The core policy is that the City will develop a safe, reliable, efficient, integrated and
connected multimodal transportation system that will promote access and mobility for all
users, and will ensure that the safety and convenience of all users of the transportation
system are accommodated, including motorists, pedestrians, bicyclists, users of public
transportation, emergency responders, freight haulers, people of all ages and abilities,
and adjacent land users. The Complete Streets Policy starts with this and then states
that the city shall incorporate complete streets infrastructure into existing public streets
to create a comprehensive, integrated, and connected transportation network that
balances access, mobility and safety needs of all users of all ages and abilities and the
needs of adjacent land users, thus providing a fully connected, integrated network that
provides transportation options throughout the City whenever feasible.
The second issue was seeing if Little Rock’s existing development criteria and
regulations assure that the goal of Complete Streets can be met. It was felt by the
committee looking at the issue that generally the existing regulations (ordinances) do
encourage much of what is required for by the Complete Streets Policy. That is, there
are pedestrian and vehicle requirements with the various classes of roads within Little
Rock. One area found lacking was the requirements related to bicycle facilities.
Several changes to the Master Street Plan – Bike Plan section are proposed to assure
that bicycles are treated as a valid mode of transportation and with safety in mind.
These changes require both public and private development to include bicycle facilities
where appropriate at Class III and Class II levels (Bike Routes and Lanes). The Plan
would continue to require only public projects to provide Class I level bike facilities (Bike
Paths).
Staff has prepared two ordinances that we believe will establish a Policy and then help
to implement that Policy. The Complete Streets Policy states that the City of Little
Rock’s goal is a safe, reliable, efficient, integrated and connected multimodal
transportation system for all modes and individuals. It does state some conditions
under which a particular project would not be expected to fully meet the intent of
Complete Streets. The second ordinance is intended to improve facilities and safety for
bicyclists and include bicycles as a valid part of the transportation system.
NEIGHBORHOOD COMMENTS:
Notices were sent to the City contact list for ordinance amendments. This list includes
engineers, developers and neighborhood organizations. Staff has received no contacts
as a result of the mailing.
STAFF RECOMMENDATIONS:
Staff recommends approval of the Complete Streets Policy and of the Master Street
Plan amendment as it relates to bicycle facilities.
June 12, 2014
ITEM NO.: 11 (Cont.) COMPLETE STREET POLICY
3
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
Tony Bozynski, Director of Planning & Development reviewed the process used to work
on this effort. He also indicated that the Board had instructed Staff to development the
Policy Statement. Since the City Manager’s Office had been instructed by the Board of
Directors to develop the Complete Streets Policy, Mr. Bozynski turned the meeting over
to Mr. Bryan Day, Assistant City Manager. Mr. Day indicated that over the last decade
or so, various communities around the country have been adopting similar ‘Policies’.
The purpose is to address all modes of transportation –walking, biking, vehicular, and
others. Even the Arkansas Highway and Transportation Department has begun looking
at such a Policy.
There are two ordinances; the first is the Complete Streets Policy. Mr. Day reviewed
Section 1 of the ordinance and explained the reasoning for the wording. We have tried
to include the best practices from other Policy statements around the country. Section II
indicates that all projects would be subject to this Policy not just public projects. Section
IV indicates the national documents the City will use to help assure best practices are
used. Section V indicates what exceptions might be used. But Mr. Day assured the
Commission that this means in the future on all projects ‘Complete Streets’ principles
will be considered.
The committee also reviewed the related ordinances and found some changes needed
in the Bike Plan – the second ordinance. Mr. Day indicated that for Class I Bike Paths
(separate paths) the majority would need to be completed by the public sector.
Mr. Day indicated that these items will go to the Board of Directors in July.
Commissioner Nunnley asked about multi-module versus intra-module. Commissioner
Berry explained what each was. Mr. Day indicated the City Manager and Director of
Public Works would be responsible to assure the Policy is followed. Mr. Berry indicated
this type of Policy was good business and helped attract new businesses and younger
workers.
Mason Ellis spoke in support. He indicated that the ability to walk and bike to work and
home was a factor in his decision on where to settle. Mr. Ellis expressed appreciation
for all the work on this effort.
Commissioner Dillon moved the approval and Commissioner Nunnley seconded. By a
vote of 9 for, 0 against and 2 absent the motion was approved.
June 12, 2014
ITEM NO.: 12 FILE NO.: LA-0059
NAME: Rahling Road Advanced Grading Variance
LOCATION: East side of Rahling Road south of Pebble Beach Road
APPLICANT: Deltic Timber
APPLICANT’S REPRESENTATIVE: White-Daters & Associates
AREA: Approximately 50 acres
CURRENT ZONING: O-3, C-1, MF-12
VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration
Regulations to advance grade by clearing and filling approximately 50 acres.
A. PROPOSAL/REQUEST:
Applicant is requesting a variance from the Land Alteration Regulations to
advance grade by clearing and filling approximately 50 acres on the east side of
Rahling Road south of Pebble Beach Road. The variance would allow staff to
issue a grading permit for the advance grading activities without imminent
construction. All cut and fill material is proposed to remain on the site or used for
construction of Rahling Road except for small volumes of unsuitable fill which will
be hauled off.
B. EXISTING CONDITIONS:
The 50 acre property is hilly with dense trees. The area requested to be
advanced graded is zoned O-3, C-1, and MF-12. The subject property is located
within the Little Rock city limits.
East of the subject property approximately 500 ft. are platted single family
residential lots. Also, east of the subject property approximately 300 ft. is also a
large tract of undeveloped R-2 zoned property. West of the subject property is
Rahling Road. Beyond Rahling Road are large tracts of undeveloped property.
Also west of the subject property and south of Rahling Road approximately
700 ft. are developed and undeveloped O-3 and MF-18 zoned properties.
Two (2) of the three (3) O-3 zoned lots are developed. Carrington Place
Apartments is located at the MF-18 zoned property. North of the subject property
approximately 250 ft. are platted single family residential lots.
C. NEIGHBORHOOD COMMENTS:
Staff has been provided proof of notifications being mailed by the applicant to all
adjacent property owners including those across streets and alleys. As of the
time of writing, staff has received several telephone inquiries and emails about
the application.
June 12, 2014
ITEM NO.: 12 (Cont.) FILE NO.: LA-0059
2
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 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. 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 elevation of the top of berms is determined by the elevation required
to obstruct visibility. Berms should be placed adjacent to Rahling Road
and along the top of the proposed sloped area.
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.
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.
June 12, 2014
ITEM NO.: 12 (Cont.) FILE NO.: LA-0059
3
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(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. Per Sec. 29-197(14), all required federal, state, and local permits and
approvals shall be obtained prior to commencement of land alteration
activities.
12. Provide labels on existing and proposed contours lines on a grading and
drainage plans prepared to scale.
13. Staked orange fencing must be installed along the open space undisturbed
buffer areas during construction to prevent access to these buffer areas.
14. At the completion of the land alteration activities, a minimum six (6) inches
of suitable top soil shall be placed over all disturbed areas and permanent
vegetative cover established.
15. Is all the proposed cut and fill material to remain on site and used to
construct Rahling Road or will cut and fill material be trucked to or from
other locations for future grading of the site?
16. 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.
17. How much area is being requested to be advance graded?
E. PLANNING STAFF COMMENTS:
No comments
F. SUBDIVISION COMMITTEE:
Tim Daters of White-Daters & Associates was present representing the applicant.
Staff presented an overview of the variance application. There was no further
discussion of the item. The Committee then forwarded the item to the full
Commission for final action.
June 12, 2014
ITEM NO.: 12 (Cont.) FILE NO.: LA-0059
4
G. ANALYSIS:
The applicant proposes to clear and grade approximately 50 acres. The property
is very hilly with mature trees. The applicant believes the advanced grading will
avoid hauling fill material in for this project and then hauling material out when
the adjacent sites are developed. The advanced grading will reduce potential
damage to Rahling Road and adjacent streets.
The applicant proposes to construct a relatively flat area adjacent to Rahling
Road with a 3:1 slope on the east side. Another relatively flat area is proposed to
be constructed at the top of the eastern slope. All cut and fill material is
proposed to remain on site with exception of small amounts of unsuitable fill
material. The advanced grading will occur simultaneously with the widening of
Rahling Road north to Taylor Loop Creek. Large drainage pipes will be installed
along the east side of Rahling Road to drain two (2) large detention lakes to be
installed east of Rahling Road southwest of the subject property.
The grading plan shows undisturbed buffers to remain north, east, and south of
the limits of grading. The buffers range in width from 250 ft. to 800 ft. from
adjacent properties. The applicant proposes to install earthen berms on the east
side of Rahling Road and at the top of the slope to obstruct views from Rahling
Road and properties to the west. Line of sight illustrations were provided to show
the berms will obstruct views from Rahling Road. Due to the downhill slope of
Rahling Road from the Kirk Road intersection though, not all views will be
obstructed. The remaining undisturbed buffer areas should obstruct views from
adjacent properties on the north, east, and south.
A gravel construction entrances will be located off Rahling Road. The applicant
has agreed that grading will occur expeditiously with construction of Rahling
Road and the site will be stabilized within 1 year of the issuance of the grading
permit. 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.
The applicant proposes for all disturbed surfaces to be covered with top soil,
fertilized, seeded, and mulched. The slopes will be planted with pine seedlings.
When vegetation is established, the erosion control devices can be removed.
Orange fencing will be installed along all undisturbed buffers to prevent entry.
H. 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.
June 12, 2014
ITEM NO.: 12 (Cont.) FILE NO.: LA-0059
5
In addition to paragraph D, the variance request is subject to compliance with the
following conditions:
1. An earthen berm should be installed along the top of the 3:1 slope to an
elevation to obstruct views from Rahling Road.
2. Appropriate provisions such as the addition of water or dust retardants shall
be utilized to prevent excessive particulate matter from becoming airborne.
PLANNING COMMISSION ACTION: (JUNE 12, 2014)
The item was introduced by Mike Hood, Civil Engineering Manager, with a
recommendation of approval. Mr. Tim Daters spoke representing the applicant. He
explained the project would occur simultaneously with the widening of Rahling Road.
The advanced grading would allow the cut and fill material to balance on site and
reduce the amount of material to be hauled in and off site.
Ms. Susie May of 29 Ledgelawn spoke in opposition. She expressed environmental
and flooding concerns caused by the advanced grading of such a large area. She
stated that properties downstream of Pebble Beach Drive have a history of flooding.
Commissioner Nunnley also questions drainage in the area. Mr. Tim Daters addressed
the concern and explained detention would be provided as part of the project and the
area downstream of Pebble Beach Drive was not be disturbed per USCOE 404 Permit
requirements. The installed detention lakes would mitigate the increase in stormwater
runoff. Mr. Hood stated that staff had no records of flooding downstream of Pebble
Beach Drive and added the detention facility would be installed in compliance with City
code.
There was no further discussion of the item. The chair entertained a motion for
approval of the item as presented by staff. The motion carried by a vote of 10 ayes,
0 noes, and 1 absent.
PLANNING COMMISSION VOTE RECORD
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Meeting Adjourned ',10 P.M.
June 12, 2014
There being no further business before the Commission, the meeting
was adjourned at 6:10 p.m.
Date ` y
Chairman