HomeMy WebLinkAboutpc_07 19 2012
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JULY 19, 2012
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Tom Brock
Alan Bubbus
William Changose
Janet Dillon
J. T. Ferstl
Keith Fountain
Dan Harpool
Amy Pierce
Bill Rector
Members Absent: Rebecca Finney
Obray Nunnley, Jr.
City Attorney: Cindy Dawson
III. Approval of the Minutes of the June 7, 2012 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JULY 19, 2012
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title:
No Old Business
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. G-23-433 Anna Street/Alley Right-of-Way Abandonment
Between West 32nd Street and Lucie Street
2. Z-8781 Rezoning from R-2 to R-7A
17712 Lawson Road
3. Z-5459-C Forest Park Elementary School Pavilion – Conditional
Use Permit
1600 N. Tyler Street
4. Z-6053-B Crystal Hill Baptist Church – Revised Conditional Use
Permit (Sign)
18823 Crystal Valley Road
5. Z-8753-A Phillips Duplexes – Conditional Use Permit
SE corner of Ludwig Street and Raymond Savage Drive
(West 41st Street)
6. Z-8780 Carter Food Store under 5,000 square feet with sales of
beer and wine – Conditional Use Permit
2501 S. Arch Street
7. Z-8782 Williams Temple Church of God in Christ – Conditional
Use Permit
NW corner of 19th and Commerce Streets
8. LU12-01 Central Little Rock Land Use Plan Review
July 19, 2012
ITEM NO.: 1 FILE NO.: G-23-433
Name: Anna Street/Alley Right-of-Way Abandonment
Location: Between West 32nd Street and Lucie Avenue
Owner/Applicant: Islamic Center of Little Rock (Ali Jarallah) and
Yasmin A. Patel/ETC Engineers (Shawkat Ali)
Request: To abandon that portion of Anna Street right-of-way
between West 32nd Street and Lucie Avenue
(approximately 305 linear feet) and the alley right-of-
way within Block 21, C. O. Brack Addition
(approximately 237.5 linear feet).
Purpose: The abandonment of the Anna Street right-of-way is
proposed in order to use the area as a private, gated
driveway. The abandonment of the alley is proposed in
order to incorporate the area into the Islamic Center of
Little Rock campus.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the utility companies object to the abandonment
request. Several of the utilities request to retain the areas of abandonment as
utility easements. The Public Works comments are as follows:
1. Abandoned right-of-ways should be maintained as utility easements.
2. Plans for physical closure of Anna Street must be approved by Public Works.
3. Provide a traffic control plan for school pickup and drop off with a schedule of
pickup and drop off. Use the total # of students, not the current # of enrolled
students.
B. Master Street Plan:
There are no Master Street Plan issues associated with this abandonment
request, as the rights-of-way are not classified as collector streets or higher.
July 19, 2012
ITEM NO.: 1 (Cont.) FILE NO.: G-23-433
2
C. Characteristics of Right-of-Way Terrain:
The portion of Anna Street is a 40 foot wide right-of-way. The right-of-way is
paved (approximately 18 feet wide) with curb, gutter and sidewalk along the east
side and a portion of the west side.
The alley is a ten (10) foot wide right-of-way. The alley was never developed.
The south two-thirds of the alley right-of-way contain grass and portion of a
sidewalk between two (2) existing buildings within the Islamic Center of Little
Rock campus. The north one-third is part of a paved parking lot which serves the
existing buildings within this block.
D. Development Potential:
The abandonment of the Anna Street right-of-way is proposed in order to use the
area as a private, gated driveway. The abandonment of the alley is proposed in
order to incorporate the area into the Islamic Center of Little Rock campus.
E. Neighborhood and Land Use Effect:
The rights-of-way are located in an area of mixed use and zoning. The Islamic
Center of Little Rock owns all property abutting the rights-of-way requested for
abandonment, with the exception of one (1) lot which is owned by a member of
The Islamic Center. With West 32nd Street and Lucie Avenue running between
Mary Street and Fair Park Blvd., none of the other uses in the area rely on Anna
Street for access.
F. Neighborhood Position:
The Curran-Conway and Fair Park Neighborhood Associations, and the
University District were notified of the abandonment request. As of this writing,
staff knows of no objectors to the abandonment request.
G. Effect on Public Services or Utilities:
Wastewater: No objection to abandonments. Maintain area of alley right-of-way
as a utility easement for existing sewer main.
Entergy: No objection to abandonments. Retain areas as easements so that
Entergy can have unrestricted access to existing facilities.
Centerpoint Energy: No objection to abandonments. Retain area of Anna Street
as an easement.
July 19, 2012
ITEM NO.: 1 (Cont.) FILE NO.: G-23-433
3
AT&T (SBC): No objection to abandonments. Dedicate 10 foot easement on
both sides of Anna Street.
Water: No objection to abandonments. Retain area of Anna Street as an
easement for existing facilities.
H. Reversionary Rights:
According to an abstract company, there are no reversionary clauses for these
rights-of-way.
I. Public Welfare and Safety Issues:
Abandoning these rights-of-way will have no adverse impact on the public
welfare and safety. The Little Rock Fire Department has reviewed and approved
the abandonment request, with the following comment:
Maintain access for fire service. Contact Tony Rhodes at 607-3560 if the portion
of Anna Street right-of-way is to be gated.
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
Shawkat Ali was present, representing the application. Staff presented the
abandonment request. Staff noted that letters from two (2) utilities were needed.
The abandonment request was briefly discussed. The use of the rights-of-way after
abandonment was discussed. Public Works noted that some information was needed
prior to Anna Street being physically closed. Staff noted that access details needed to
be worked out with the Fire Department.
After the discussion, the Committee forwarded the application to the full Commission for
resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the request to abandon the 40 foot wide Anna Street
right-of-way between West 32nd Street and Lucie Avenue and the 10 foot wide alley
right-of-way within Block 21, C. O. Brack Addition, subject to the following conditions:
July 19, 2012
ITEM NO.: 1 (Cont.) FILE NO.: G-23-433
4
1. Both areas of abandonment will be retained as utility and drainage easements.
2. Compliance with the Public Works Comments as noted in paragraph A. of the staff
report.
3. Compliance with the Fire Department Comments as noted in paragraph I. of the staff
report.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
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 9 ayes, 0 noes and 2 absent.
July 19, 2012
ITEM NO.: 2 FILE NO.: Z-8781
Owner: Martin Guardado
Applicant: Eugenia Williams
Location: 17712 Lawson Road
Area: 0.79 Acres
Request: Rezone from R-2 to R-7A
Purpose: Single-wide manufactured home
Existing Use: Undeveloped
STAFF NOTE:
The applicant submitted a letter to staff on June 15, 2012 requesting this application be
withdrawn. Staff supports the withdrawal request.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
Staff informed the Commission that the applicant had submitted a letter on June 15,
2012 requesting the application be withdrawn. Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn, by a vote of 9 ayes,
0 noes and 2 absent.
July 19, 2012
ITEM NO.: 3 FILE NO.: Z-5459-C
NAME: Forest Park Elementary School Pavilion –
Conditional Use Permit
LOCATION: 1600 N. Tyler Street
OWNER/APPLICANT: LRSD/Forest Park PTA
PROPOSAL: A conditional use permit is requested to allow for the
addition of a pavilion on this existing, R-2 zoned
elementary school campus.
1. SITE LOCATION:
The school campus occupies the block bounded by “O” Street, “P” Street,
N. Tyler Street and N. Polk Street. The pavilion is proposed to be located
on the southwest corner of the block.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school is located within a single family neighborhood and all of the
surrounding properties are occupied by single family residences. No
expansion of the school property is proposed. The pavilion is proposed to
be located on the existing school site, over an existing play area. Use of
the pavilion will be limited to school hours. The addition of the covered
play area pavilion should not affect the school’s 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 Prospect Terrace and Forest Park
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The addition of the pavilion will not affect the school’s parking requirement
nor will it impact any existing parking.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. At the time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
July 19, 2012
ITEM NO.: 3 (Cont.) FILE NO.: Z-5459-C
2
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
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.
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.
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.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
July 19, 2012
ITEM NO.: 3 (Cont.) FILE NO.: Z-5459-C
3
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicants were not present. Staff presented the item and noted there were
no outstanding issues. Staff informed the Committee that a neighboring resident
had called and asked if the proposed pavilion would affect the neighborhood’s
continued use of the school playground. Staff stated they would try to obtain an
answer from the District.
Public Works and Utility Comments were noted.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Forest Park Elementary School occupies the entirety of the R-2 zoned City Block
bounded by “O” Street, “P” Street, N. Tyler Street and N. Polk Street. The site
contains the principal school building, a portable building and outdoor play areas.
Parking is located on the streets around the site. The school has occupied the
site for 100 years.
To commemorate the school’s centennial, the school PTA and alumni of the
school are proposing to construct an open air pavilion on the southwest corner of
the site, over an existing play area. The pavilion will provide an opportunity for
outdoor play in times of inclement weather. The pavilion structure has been
designed to complement the historic nature of the school and to be compatible
with architecture in the neighborhood. The open-sided structure will have brick
and wood columns, a pitched-shingled roof and wood gable ends, siding and
trim. Waterproof drapes between the columns can be pulled shut to provide
screening from sun and rain when needed. The 70’ X 40’ structure will have
setbacks of 7 feet from the south (“O” Street) perimeter and 3’6” from the west
(N. Polk Street) perimeter. A covered walkway will connect the pavilion to a door
located on the south side of the principal school building. The pavilion will
contain no lighting and will be used in daylight hours, during normal operation of
the school.
A neighborhood resident asked staff if placing the pavilion on the site would
affect the neighborhood’s access to the school’s playgrounds on weekends and
other non-school hours. The District submitted the following response:
“The District generally allows public use of all of our playgrounds
afterhours. We do restrict vehicle access to parking lots at certain
schools where problems have historically occurred but do not
restrict the playgrounds. We anticipate no changes at Forest
Park.”
July 19, 2012
ITEM NO.: 3 (Cont.) FILE NO.: Z-5459-C
4
To staff’s knowledge, there are no outstanding issues. The pavilion is being
located over an existing play area, within the existing school campus. The
1904 bill of assurance for Mountain Park Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the
agenda staff report.
Staff recommends approval of the requested setback variances.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicants were present. There was one (1) person present in opposition and
several persons present in support. One (1) letter of opposition and one (1) letter
of support had been received. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation “ above.
Chris East, of Cromwell Architects representing the school PTA, addressed the
Commission. He described the project and stated there would be no change in
use of the school site or the hours of use. He noted the proposed pavilion did
have a reduced setback.
John Shields, of 1619 N. Tyler St., spoke in opposition. He asked who had
proper authorization to pursue the application and questioned whether the school
board had approved the request. He also questioned if it was appropriate to
allow the pavilion with a portable classroom building existing on the site. He
asked if placement of the pavilion would affect future plans for expanding the
school. He said there was no hurry to act on the application and asked that it be
delayed.
Chris East and Dana Carney, of the Planning Staff, addressed the questions
raised by Mr. Shields. Mr. Carney stated an affidavit of authorization had been
submitted by the school district allowing representatives of the PTA to act as the
district’s agents through this process. Mr. Carney read the following statement
from an e-mail from Wayne Adams of the school district: “ You (the PTA) must
have the city planning department permission by way of a CUP before you can
submit a donation request to the LRSD to construct the pavilion. The PTA was
therefore given permission to request city approval for the pavilion they are
July 19, 2012
ITEM NO.: 3 (Cont.) FILE NO.: Z-5459-C
5
proposing to construct. Once the city approval is given, the PTA and school
principal must submit this proposal to the LRSD board for their approval and
provide any additional information that they request. We have already
determined that this structure is an enhancement and will not in any way interfere
with our long-term plan for an addition to Forest park to eliminate the portable
and to provide additional space for this facility.”
Theresa Ketcher, principal of the school, spoke in support and stated the pavilion
was needed to provide covered outdoor play space.
Blair Allen, of 4710 Crestwood, stated he was a parent of children at the school
and the pavilion would be a positive addition to the campus.
Will Allison, of 1624 N. Harrison and husband of the PTA president-elect, spoke
in support.
Conley Golden, of 39 Beverly Place, spoke in support and presented a letter form
a neighbor, also in support.
There was no further discussion. A motion was made to approve the application
including all staff comments and conditions. The motion was approved by a vote
of 9 ayes, 0 noes and 2 absent.
July 19, 2012
ITEM NO.: 4 FILE NO.: Z-6053-B
NAME: Crystal Hill Baptist Church – Revised Conditional
Use Permit
LOCATION: 18823 Crystal Valley Road
OWNER/APPLICANT: Crystal Hill Baptist Church/Larry Ballard, Pastor
PROPOSAL: A revision to the previously approved conditional use
permit for this existing, R-2 zoned church campus is
proposed to allow a larger ground-mounted sign.
1. SITE LOCATION:
The site is located at the southwest corner of the intersection of Lawson
Road and Crystal Valley Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located outside of the city limits, within the City’s extraterritorial
jurisdiction. The rural area is characterized by a variety of uses; including
a variety of single family residential types on larger lots and tracts, office
and PCD zoned properties and a large area of industrial and mining zoned
properties. The only change proposed under this CUP is to allow a larger
ground-mounted sign. This issue will not affect the church’s 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 SWLR United for Progress
Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
No changes to the church’s seating capacity, driveways or parking are
proposed. The only issue is the size of the sign.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Right-of-way of 110 ft wide should be dedicated for the future Outer
Loop Road as shown on the Master Street Plan. At the time of the
previous Planning Commission action, this right-of-way was required to
be dedicated and was not provided to the City of Little Rock.
July 19, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-6053-B
2
2. The sign should not be placed within the future right-of-way of Lawson
Road. The future right-of-way line will be located 55 ft from the
centerline.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside Service Boundary, no comment.
Entergy: No comment received.
Centerpoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: NO OBJECTIONS; 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.
There is an 8-inch water main on the south side of Lawson Road near
where the proposed sign is shown. Please locate all utilities using AR
One-Call. There is also a 12-inch main on the southerly side of Crystal
Valley Road.
Contact Central Arkansas Water regarding meter size needed.
The Fire Department having jurisdiction needs to evaluate this site to
determine whether the proposed fire hydrant location is the site where a
hydrant will be required. Additional fire hydrant(s) 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. Maintain access.
County Planning: Approved as submitted.
July 19, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-6053-B
3
CATA: The site is located outside CATA’s service area.
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
Rev. Larry Ballard was present representing the church. Staff presented the item
and noted there were few outstanding issues. Staff stated operation of the
electronic sign must comply with the City’s Electronic Message Sign Guidelines.
A copy of those guidelines was provided.
Public Works Comments were discussed. Staff stated they could not find where
the right-of-way dedication for Lawson Road and Crystal Valley Road was
completed as required under the February 20, 2003 CUP which allowed for
construction of the sanctuary. Rev. Ballard stated he was sure it had been
completed. Public Works Staff stated they would continue to research and would
work with Rev. Ballard to resolve the issue. It was noted that the survey of the
site indicated the right-of-way dedication and even included a legal description of
the area dedicated as R-O-W. Staff stated placement of the sign must be
outside of the future right-of-way, or beyond 55 feet from the centerline of
Lawson Road. Rev. Ballard agreed.
Rev. Ballard stated the sign height was requested because the property was at a
lower elevation that the street.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Crystal Hill Baptist Church occupies a 20± acre, R-2 zoned tract located at the
intersection of Crystal Valley and Lawson Roads. The property contains a
sanctuary building, activities building, outbuildings and parking. The property is
located outside of the city limits, within the City’s zoning jurisdiction. On
February 20, 2003, the Commission approved a conditional use permit to allow
for construction of the 625 seat sanctuary and an expansion of the parking lot. A
prior CUP allowed for construction of the activities building when the church was
occupying a building across the street. In the application for the 2003 CUP, the
church proposed a single ground-mounted sign, 4 feet in height and 10 feet in
width. The church subsequently requested, and staff approved, the sign to be
6 feet in height and 64 square feet in area (signage typically allowed for office
and institutional uses).
The church is now requesting the single ground sign to be 11.67 feet in height
and 147.86 square feet in area, including the 3 foot tall brick base. The sign will
July 19, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-6053-B
4
incorporate an electronic message board. The sign will be placed at the corner
of the site near the intersection of Lawson and Crystal Valley.
Staff is supportive of the request. Although the sign is larger than typically
allowed, the site is approximately 20 acres in size. The property is located at the
intersection of two future arterial streets. The property where the sign is to be
located is somewhat lower in elevation than the adjacent street. The increased
sign height will help it to be more visible. Allowing the larger sign should not
impact other properties in the area. The sign does need to be placed so that it is
out of the future right-of-way.
There is only one outstanding issue. At the time of the 2003 CUP approval, right-
of-way was required for the future Lawson Road and Outer Loop (Crystal Valley
Road) arterials. The church agreed to dedicate the right-of-way. The current
survey indicates the rights-of-way and includes a legal description of the
dedication. However, that dedication never occurred. Since the property is
located outside of the city limits, no building permit was required and the
dedication requirement was apparently missed. That can now be corrected.
STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
following conditions:
1. Compliance with the comments and conditions outlined in Sections 5 and 6 of
the agenda staff report, including dedication of the previously required and
agreed-to right-of-way for Lawson Road and the Outer Loop (Crystal Valley
Road).
2. Operation of the sign must comply with the following “Electronic Message
Sign Guidelines”:
1. These signs must meet the size, area, placement, lighting, and
installation requirements that currently exist within the Sign Code
(required electrical permit).
2. On single line display boards, there shall be no less than two seconds
between message line changes.
3. On double line or greater display boards, there shall be no less than five
seconds between message changes.
4. There shall be no traveling messages.
5. No messages or letter shall wipe up, wipe down, double wipe, spell
messages by word or letter.
July 19, 2012
ITEM NO.: 4 (Cont.) FILE NO.: Z-6053-B
5
6. There shall be no flashing, movement, or animation of letters and/or
messages.
7. Fixed graphics shall be allowed, but no animated graphics will be
allowed.
8. Sign must be permitted and fees paid prior to erection.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the “staff recommendation”
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff, including all staff comments and
conditions. The vote was 9 ayes, 0 noes and 2 absent.
July 19, 2012
ITEM NO.: 5 FILE NO.: Z-8753-A
NAME: Phillips Duplexes – Conditional Use Permit
LOCATION: SE corner of Ludwig Street and Raymond Savage
Drive (West 41st Street)
OWNER/APPLICANT: Stanley Phillips/Kwendeche, Architect
PROPOSAL: A conditional use permit is requested to allow for the
construction of a total of two duplex residential
structures on these four, R-3 zoned lots.
1. SITE LOCATION:
The site is located at the southeast corner of Ludwig Street and Raymond
Savage Drive (West 41st Street).
2. COMPATIBILITY WITH NEIGHBORHOOD:
There are a number of significant trees on the site but there are no
structures remaining. The area is primarily residential but there is a
church located across Ludwig Street from the proposed development. A
number of new single-family homes have been constructed in this area in
recent years. Along John Barrow Road there are residential and non-
residential uses. Acts Church owns the property located at West 42nd
Street and John Barrow Road. Across John Barrow Road is a
rehabilitation facility and a property zoned POD which was approved for
Acts Church to build their Little Rock facility but has not developed. Other
uses in the area include a daycare center and a strip retail center in the
3800 Block of John Barrow Road. In recent years, CUP’s have been
approved for duplexes to be built at 32nd and Ludwig and the 4500 block of
Ludwig. Those units have been constructed. Staff believes the proposed
construction of two duplexes containing a total of four dwellings on these
four lots 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 John Barrow Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
Each unit is required to have 1.5 parking spaces; a total of 3 spaces per
duplex. The applicant is proposing to construct typical residential style
driveways with two parking spaces per unit; 4 spaces per duplex. The
driveways will take access off of Ludwig Street.
July 19, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-8753-A
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Raymond Savage Drive (41st Street) is classified on the Master Street
Plan as a residential street. A dedication of right-of-way 25 feet from
centerline will be required.
2. A 20 feet radial dedication of right-of-way is required at the intersection
of Raymond Savage Drive
(41st Street) and Ludwig Street.
3. Ludwig Street is classified on the Master Street Plan as a residential
street. A dedication of right-of-way
25 feet from centerline will be required.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Raymond Savage Drive (41st St) including 5-foot sidewalks with
planned development. The new back of curb should be located 13 ft
from centerline.
5. Sidewalk adjacent of the public streets should be located within the
public right-of-way.
6. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections
30-43 and 31-210. The width of driveways must not exceed 36 feet.
7. Old driveway curb cut should be removed and replaced with curb and
gutter.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: Approved as submitted.
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.
July 19, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-8753-A
3
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.
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.
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. Maintain Access.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicants were present. Staff presented the item and noted little additional
information was needed. In response to a question from staff, the applicants
indicated each unit would contain three bedrooms and two bathrooms. The
applicants stated the structures would have a vinyl siding exterior and asphalt-
shingled, hip roof with gabled dormers above the entries. Staff commented that
the elevations provided showed covered entries that were not reflected on the
July 19, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-8753-A
4
site plan. The applicants stated that would be corrected to show the covered
porches.
Public Works and Utility Comments were discussed. The applicant was advised
to make a minor change in the driveway design so that the driveways for each
unit of the duplexes were separated; eliminating the appearance of a 46-foot
wide driveway. The applicant was also advised to relocate the sidewalks to be
within the public right-of-way or to dedicate additional right-of-way to include the
sidewalk location. The applicants stated those changes would be made.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The property consists of four (4) platted, R-3 zoned lots located at the southeast
corner of Ludwig Street and Raymond Savage Drive (West 41st Street).
A request to rezone the site from R-3 to PD-R for placement of a single structure
containing eight (8) units was filed for the Commission’s March 29, 2012
meeting. There was little support for the proposal from staff and the
neighborhood. The applicant chose to defer the item and subsequently revised
the PD-R application. The revised application was to construct a single duplex
structure on each of the four lots. A fourteen (14) space parking lot was
proposed to be located behind the structures, with access off of Raymond
Savage Drive. The application was heard at the May 10, 2012 Commission
meeting. Staff recommended approval of the revised application. There were a
number of objectors present who stated the revised proposal was still a
multifamily development. The Commission denied the application with a vote of
3 ayes, 6 noes and 2 absent. The applicant did not appeal to the Board of
Directors.
The applicant has now filed a conditional use permit to allow two (2) duplexes
structures on the four (4) lots (a total of four (4) units). The one-story buildings
will have vinyl siding. The roof shall be asphalt-shingled with a hip roof profile
with a gabled dormers above each entry. Each unit within the duplexes will be
1,170 square feet in area; containing three (3) bedrooms and two (2) bathrooms.
Each unit will have two (2) asphalt-paved parking spaces off of Ludwig Street.
Concrete sidewalks will provide access to each unit from the street and the
parking spaces. A six (6) foot tall wooden privacy fence will be placed along the
east (rear) and south (side) perimeters. Building setbacks exceed those
established for the R-3 district. Street improvements, including sidewalk, will be
installed on both streets abutting the site.
July 19, 2012
ITEM NO.: 5 (Cont.) FILE NO.: Z-8753-A
5
The applicant has responded to issues raised at Subdivision Committee.
Additional right-of-way dedication is shown to encompass the new sidewalks.
The site plan has been modified to show the covered porches. The driveways
have been separated for each unit, creating driveways that are typical for a single
or two-family residential property. Duplex A will occupy lots 7 and 8. Duplex B
will occupy lots 9 and 10.
To staff’s knowledge, there are no outstanding issues. The bill of assurance for
John Barrow Addition does not address use issues.
STAFF RECOMMENDATION:
Staff recommends approval of the CUP subject to compliance with the comments
and conditions outlined in Sections 5 and 6 of the agenda staff report.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicant was present. Aletha Hill, of 3917 Malloy Street, was present but
did not indicate either support or opposition. Staff requested deferral of the item
to the August 30, 2012 meeting to allow for further discussions with the
neighbors. The applicant had agreed to the deferral request. There was no
further discussion. The item was placed on the consent agenda and deferred
to the August 30, 2012 meeting. The vote was 9 ayes, 0 noes and 2 absent.
July 19, 2012
ITEM NO.: 6 FILE NO.: Z-8780
NAME: Carter Food Store under 5,000 square feet with sales
of beer and wine – Conditional Use Permit
LOCATION: 2501 S. Arch Street
OWNER/APPLICANT: Mark Carter/Geoffrey Treece
PROPOSAL: A conditional use permit is requested to allow for the
use of a portion of the building on this C-3 zoned tract
for a food store under 5,000 square feet with sales of
beer and wine.
1. SITE LOCATION:
The site is located at the southeast of Arch Street and W. Roosevelt Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed zoning and uses. Since the
specific issue at question is the off premises sales of beer or wine, staff
looked at the number of existing alcohol sales outlets in the immediate
area. There appears to be a concentration of such uses within 2-3 blocks
of this site. There are approximately 4 off-premises, 2 on-premises and 1
2:00 a.m. private club permits within that 2-3 block area. It appears there
is a proliferation of such uses in this immediate area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown, MLK, Meadowbrook and
Pettaway Park Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The building contains a total of 3,000± square feet, requiring 10 on-site
parking spaces for retail sales uses. The property has parking on the front
(north) and side (west) of the building. Access is off of both Arch Street
and Roosevelt Road. There is parking for approximately 17-18 vehicles
on-site.
The applicant indicated the food store will occupy 2,200 square feet and a
restaurant use may occupy the remaining 800 square feet. That use mix
will require 15 parking spaces.
July 19, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-8780
2
4. SCREENING AND BUFFERS:
No comments on this use-only issue.
5. PUBLIC WORKS COMMENTS:
1. The east driveway on Roosevelt Road creates a very unsafe condition
due to the driveway being located in the signalized intersection.
2. A 20 feet radial dedication of right-of-way is required at the intersection
of Roosevelt Road and Arch Street.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
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.
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.
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.
July 19, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-8780
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. Maintain access.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicant was present. Staff presented the item and noted little additional
information was needed. The applicant was advised to provide a signage plan
and days and hours of operation. In response to a question from staff, the
applicant stated the food store would occupy 2,200 square feet of the building
and a restaurant user was being sought to occupy the remaining 800 square feet.
Staff informed the committee that a list of other businesses in the area with
alcohol sales would be provided as part of the staff agenda write-up.
Public Works and Utility Comments were presented. Staff made note of the
unsafe condition created by the driveway on Roosevelt Road located in the
intersection. The applicant stated he could look at closing that driveway if he
could open up the driveway on site between the front and side parking lots to
allow circulation. Staff stated they would support such a change.
The applicant was advised to respond to staff issues by July 3, 2012. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On April 3, 2012, the Board of Directors passed Ordinance No. 20,568 which,
among other provisions, established that “food stores under 5,000 square feet
gross floor area with sales of beer and wine” be a conditional use in the C-3
zoning district.
July 19, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-8780
4
The C-3 zoned site located at 2501 S. Arch Street is occupied by a one-story,
3,000± square feet commercial building. The applicant is requesting approval of
a conditional use permit to allow a food store under 5,000 square feet gross floor
area with sales of beer or wine to occupy approximately 2,200 square feet of the
building. The remaining 800 square feet will likely be occupied by a future
restaurant use. The food store is proposed to operate 8:00 a.m. – 11:00 p.m.,
seven days a week. Signage is proposed to comply with that allowed in
commercial districts.
Ordinance No. 20,568 stated that certain uses, due to their nature and possible
impact on the surrounding neighborhood should receive a public hearing to
determine their appropriateness for a particular site rather than being a by-right
use. Although this site is zoned C-3 and a food store is a by-right use, the sales
of beer or wine relegates the use to a conditional use.
Staff reviewed this proposal and took into consideration the uses in the
surrounding neighborhood. Since a neighborhood is referenced elsewhere in the
Code as the area within 1,500 feet of the site, staff looked specifically for any
sites within that area which have an approved State Alcohol Beverage Control
(ABC) permit. Additionally, staff looked at the proximity of the site to residential
properties. Residential neighborhoods are located ½ block both to the south and
north of this site. The following ABC on and off premise permits are located
within 1,500 feet of the site:
Address Permit Use
2725 S. Arch On Premises Brewster’s Café
2304 S. Arch 2 A.M. Private Club VFW
2224 S. Arch Off Premises liquor store
2500 S. Arch Off Premises Discount Tobacco
2415 S. Arch Off Premises Sav A Lot (closed)
2415 S. Arch On Premises Sim’s
2503 S. Gaines Off Premises Round Top Liquor
Staff believes it is appropriate to consider the proliferation of existing off premises
permits in the immediate vicinity when determining the appropriateness of
allowing this use.
Based on the number of existing businesses in the immediate area which sell
alcohol and the proximity of the residential neighborhoods, staff cannot support
this proposed use.
STAFF RECOMMENDATION:
Staff recommends denial of the CUP.
July 19, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-8780
5
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicants were present. There were two (2) objectors present. One (1)
letter of opposition had been received. Staff presented the item and a
recommendation of denial. Staff noted the number of on-premises and
off-premises alcohol permits in the immediate vicinity and stated it appeared
there was a proliferation of alcohol permits in the area. Staff also noted the close
proximity of the residential neighborhood.
Geoffrey Treece, attorney representing the applicant, addressed the Commission.
He asked if staff was concerned only about the proliferation of off-premises permits
in the area or off-premises and on-premises permits. Dana Carney of the planning
staff responded that information on all alcohol permits in the area was given to the
Commission and it was up to them to determine the impact of those uses on this
application. Mr. Treece stated the property had been in foreclosure and had been
vacant for over two years. He stated his client had acquired the site in the fall of
2010 and had been trying to market it. Mr. Treece stated there had been four (4)
interested parties, all of whom desired to do a food store and all stated they
needed beer sales. He said beer sales draws customers which drives inside sales.
He described the uses in the area, stating it was a commercial area and did not
abut any residential property. He said this use will meet the needs of the
neighborhood. Mr. Treece stated the off-premises permit at 2500 Arch had been
surrendered and the Sav A Lot at 2415 S. Arch had closed although the ABC
permit was still active. He said the off-premises permit at 2224 S. Arch was being
transferred to 17200 Chenal Parkway. Mr. Treece made note of other allowable
uses in the C-3 zoning district which could have alcohol sales as a matter of right.
He concluded by stating the proposed use would not contribute to a proliferation of
alcohol permits since three of those referenced by staff were no longer valid, there
were other more intensive uses with alcohol sales allowed in C-3 and the applicant
was proposing to put back into use a building which had been vacant for a number
of years.
Ruth Bell, of the League of Women Voters, addressed the Commission is
opposition to the item. She said the goal of the ordinance was to limit the
proliferation of alcohol sales in an area.
Kathy Wells, representing the Downtown Neighborhood Association, spoke in
opposition. She said the State ABC was only interested in selling alcohol permits
and collecting revenue. She said her association had supported the ordinance
requiring a CUP for these uses because of frustration with dealing with the ABC.
She said there were too many alcohol permits in her part of town and too
many families had been impacted by alcohol abuse. Ms. Wells stated her
neighborhood needed a food store, not another alcohol outlet.
July 19, 2012
ITEM NO.: 6 (Cont.) FILE NO.: Z-8780
6
Commissioner Pierce asked what percentage of the store’s sales would be
alcohol. Mr. Treece responded that it was typically 25% of sales and the beer
sales helped drive sales of other items.
Commissioner Rector commented that he lived in an area with several on and
off-premises alcohol permits and this application did not seem to be a case of
over saturation.
In response to a question from Commissioner Bubbus, Mr. Treece restated that
he did not feel this was oversaturation of alcohol permits and the trend seemed
to be that some of the permits were moving elsewhere.
Commissioner Fountain asked if the only way a proposed operator would open
the food store would be if they had beer sales. Mr. Treece responded that that
was correct.
A motion was made to approve the application including all staff comments and
conditions except the recommendation of denial. The motion was approved by a
vote of 6 ayes, 3 noes and 2 absent.
July 19, 2012
ITEM NO.: 7 FILE NO.: Z-8782
NAME: Williams Temple Church of God In Christ –
Conditional Use Permit
LOCATION: NW corner of 19th and Commerce Streets
OWNER/APPLICANT: Williams Temple/Ron Woods, Architect
PROPOSAL: A conditional use permit is requested to allow for the
construction of a new church and parking lot on this
vacant, R-4 zoned property.
1. SITE LOCATION:
The site is located at the northwest corner of East 19th and Commerce
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
Although the neighborhood is primarily single family residential, there are
other uses in the immediate vicinity; including a day care center, several
other churches and a school. A day care center is adjacent to the north.
The existing Williams Temple Church is located across Commerce Street.
A church is located diagonally across the intersection to the southeast.
Other churches are located one block to the west and one block to the
north. Two blocks to the south uses include a beauty salon, a City Alert
Center and a City Park. The property to the west is vacant.
It appears that the proposed church is compatible with uses in the area.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Downtown and Pettaway Park
Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The new church will have a sanctuary seating capacity of 360 persons,
requiring 90 on-site parking spaces. The applicant is proposing to provide
67 spaces on-site. That number may be slightly reduced by a possible
requirement for additional interior landscape islands and a requirement for
modification of the northeast corner of the parking lot. The church is
currently located across Commerce Street and has existed for many years
with no on-site parking. Under this current proposal, some parking will
continue to occur on area streets. Some members, no doubt walk to
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
2
church from the surrounding neighborhood. The parking lot will have
access from both Commerce and 19th Streets. A one-way drop-off drive is
located under a canopy at the front of the church.
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s minimal landscape and buffer
ordinance requirements.
A nine foot (9') wide land use buffer is required to separate this proposed
development from the residential property on the western perimeter of the
site. Currently, this area is not meeting this minimum requirement.
Seventy percent (70%) of these buffers are to remain undisturbed.
Easements cannot count towards this meeting this minimal requirement.
The zoning buffer ordinance requires a nine foot (9') wide street buffer
along Commerce Street. This site is located within the designated Mature
Area of the City; therefore, six foot nine inches (6'-9") is ample. However,
if the parking lot is redesigned allowing only one driveway additional green
space maybe an option with the re-design.
The zoning buffer ordinance requires an average twenty foot (20') wide
street buffer along 19th Street and is in no case to be less than half, ten
foot (10'). Current, proposal is not averaging twenty foot (20').
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
The landscape ordinance requires a minimum of 8 % of the paved areas
be landscaped with interior islands of at least 7 ½ feet in width and
150 square feet in area.
One half (1/2) of all the trees on the site must be of an evergreen variety.
A small amount of building landscaping will be required.
An automatic irrigation system to water landscaped areas will be required.
Street trees are highly recommended.
The property to the north and to the west is zoned residential, therefore, a
six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required along
the northern and western perimeters of the site.
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
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. All old curb cuts should be closed with new curb and gutter.
2. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. Only
1 driveway is allowed for the parking lot on Commerce St. A variance
must be requested for the location of the drive thru driveways on
Commerce St and the driveway on 19th Street. The width of
driveways must not exceed 36 feet.
3. At time of building permit, sidewalk with appropriate handicap ramps
are required to be installed along 19th Street in accordance with Sec.
31-175 of the Little Rock Code and the Master Street Plan.
4. At time of building permit, repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
5. A 10 ft drainage easement should be platted along the west property
line where the existing drainage ditch is located.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available to this project.
Entergy: No comment received.
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.
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.
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
4
The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required. If
additional fire hydrant(s) are required, they will be installed at the
Developer's expense.
Due to the nature of this facility, installation of an approved reduced
pressure zone backflow preventer assembly (RPZ) is required on the
domestic water service. This assembly must be installed prior to the first
point of use. Central Arkansas Water (CAW) requires that upon installation
of the RPZA, successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and approved
by CAW. The test results must be sent to CAW's Cross Connection
Section within ten days of installation and annually thereafter. Contact the
Cross Connection Section at 377-1226 if you would like to discuss
backflow prevention requirements for this project.
Fire Department: Approved as submitted. Fire hydrants (per code).
Maintain access at least twenty (20) foot wide.
County Planning: No Comments.
CATA: The nearest CATA bus route is located along Rock Street and E.
21st Street.
SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 2012)
The applicant was present. Staff presented the item and noted additional
information was needed regarding building design and height, signage and
typical days of activities. The applicant was asked if any additional activities
such as day care, private school, Mother’s Day Out, food pantry or indigent
services were being proposed. Staff asked the applicant to provide dimensions
on the site plan of parking stalls, driveway widths, landscape strips and
perimeters and to indicate if a steeple was proposed. It was noted that 67 of the
required 90 parking spaces were being provided on site. Staff asked what
provisions were being made for the other spaces. The design regulations for the
Central City Redevelopment Corridor Design Overlay District were presented. It
was noted that it appeared the new development would comply with those
regulations.
Landscape Comments were discussed. It was noted that there were minor
deficiencies in the proposed landscape areas and a variance would be needed to
allow the buffer on the west perimeter to be located in an easement.
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
5
Public Works Comments were discussed. The applicant was advised to
eliminate one of the two proposed driveways into the parking lot on the
Commerce Street side. Staff stated they would support driveway spacing and
separation variances to allow the other proposed driveways. Staff stated they
would work with the applicant to determine exactly where a drainage easement
was needed along the west perimeter to accommodate an existing drainage
ditch.
The applicant was advised to respond to staff issues by July 3, 2012. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Williams Temple Church of God In Christ is requesting approval of a conditional
use permit to allow for construction of a new church building on the vacant, R-4
zoned property located at the northwest corner of Commerce and East 19th
Streets. The church is currently located across Commerce Street to the east and
has been part of the neighborhood for many years.
The new development will consist of a single, one-story building and a 67± space
parking lot. The building will have a brick and E.I.F.S. exterior with an
architectural standing seam metal roof. The building will have a height of 40’8” to
the peak of the roof with a height of 12 feet to the eaves. A steeple will have a
height of 77’7” (measured from grade). The building will contain a sanctuary,
classrooms, offices, a fellowship hall and kitchen. A driveway canopy will extend
out from the front of the building to the Commerce Street property line. Side yard
setbacks are 8’5” (north) and 215’ (south). Required side yards are 5’. A rear
yard setback of 11’9” is proposed. The typical ordinance requirement is 25’. A 0’
front setback is proposed for the canopy extension over the drop-off driveway.
The Central City Redevelopment Corridor Design Overlay District actually
requires the 0’ front yard setback for new nonresidential structures.
Activities and days and hours of use will be those typical for a church. No
additional activities such as day care, private school, Mother’s Day Out, food
pantry or indigent services are proposed. Signage will consist of that allowed in
the office and institutional zones. A dumpster with required screening will be
placed at the northwest corner of the parking lot, near the church.
The applicant responded to issues raised at Subdivision Committee, some of
which are noted above. One of the proposed driveways off of Commerce Street
has been eliminated. There are single driveways off of Commerce and 19th
Streets providing access to the parking lot. A one-way drop-off driveway is
located at the front of the building off of Commerce Street. Staff supports
driveway spacing and separation variances to allow the driveways as now
proposed.
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
6
A ten foot easement is shown along the west property line to accommodate an
existing drainage ditch. The entirety of the required land use buffer along the
western perimeter will now be within easements. Typically, easement area
cannot be counted toward fulfilling buffer requirements. Staff supports a variance
to allow the buffer within the easement. Screening can still be accomplished
through construction of a wood privacy fence along the west property line or
dense evergreen plantings outside of the ditch.
The revised site plan does not show the required sidewalk along 19th Street. It
will need to be indicated on the plan prior to building permit submittal. Where the
second driveway that was removed from the Commerce Street frontage was
located, the applicant has indicated a back-up maneuvering area extending to
the property line. That maneuvering area will need to be removed and the
perimeter landscape strip extended along the parking lot. One of the parking
spaces in this area of the parking lot will need to be removed to provide back-up
maneuvering area. Again, this will need to be indicated on the plan prior to
building permit submittal.
To staff’s knowledge, there are no other outstanding issues. The applicant has
done a good job of designing a plan for this infill development within a mature
urban part of the City. The reduction in buffer areas and driveway variances are
relatively minor when contrasted with the positive impact of the new development
by this church which desires to remain in the neighborhood.
The property is located in the Central City Redevelopment Corridor Design
Overlay District which includes the following design regulations:
1. Roofline. A roof pitch of less than 4:12 shall be prohibited.
2. Materials. The materials of the exterior shell shall be wood, brick or a
material that resembles wood.
3. Orientation. The orientation shall be consistent with that of other structures
on the developed block face.
4. Entrances. The primary entrance shall be consistent with that of other
structures on the developed block face.
5. Parking. Parking shall be prohibited in the front yard setback.
6. Nonresidential setbacks. Nonresidential new construction shall be sited at
the front property line of the block face.
The development complies with the DOD design standards. The property was
replatted as Lot 1, Williams Temple Church of God In Christ Single Lot Addition
for this church on September 15, 2011. There are no use issues which would
violate the bill of assurance.
July 19, 2012
ITEM NO.: 7 (Cont.) FILE NO.: Z-8782
7
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.
Staff recommends approval of the requested driveway spacing and separation
variances to allow the driveways as proposed.
Staff recommends approval of the requested street and land use buffer width
variances and variances to allow the western perimeter buffer to be located
within an easement and to allow disturbance of that buffer subject to screening
and planting being installed along the western perimeter to comply with Code
standards.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the “staff recommendation”
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff, including all staff comments and
conditions. The vote was 9 ayes, 0 noes and 2 absent.
July 19, 2012
ITEM NO.: 8 FILE NO.: LU12-01
Name: Central Area Land Use Plan Amendment
Location: South of Interstate-630, from Interstate 430 to Interstate 30
Request: Various
Source: Staff
PROPOSAL / REQUEST:
As part of the City’s efforts to keep the Future Land Use Plan current, Staff
reviewed the Plan in the area south of Interstate 630, from Interstate 430 east to
the Interstate 30. There are two dozen areas with changes proposed in the
‘package’:
1. The north side of Kanis Road at Labette Drive. A change from Residential
Medium Density to Public Institutional. Public Institutional includes public
and quasi-public facilities that provide a variety of services to the community
such as schools, libraries, fire stations, churches, utility substations, and
hospitals.
2. The east side of John Barrow Road between Labette and Kanis Road. A
change from Mixed Office Commercial to Public Institutional. Public
Institutional includes public and quasi-public facilities that provide a variety
of services to the community such as schools, libraries, fire stations,
churches, utility substations, and hospitals.
3. The west side of John Barrow Road, between Morris Manor and Labette
Drives. A change from Mixed Office Commercial to Public Institutional.
Public Institutional includes public and quasi-public facilities that provide a
variety of services to the community such as schools, libraries, fire stations,
churches, utility substations, and hospitals.
4. The west side of Junior Deputy Road at Monette Drive. A change is from
Park Open Space to Suburban Office. The Suburban Office category shall
provide for low intensity development of office or office parks in close
proximity to lower density residential areas to assure compatibility. A
Planned Zoning District is required.
5. The area between Interstate 430 and Shackleford Road, north of 36th Street.
A change is from Mixed Office Commercial to Mixed Use. Mixed Use
provides for a mixture of residential, office and commercial uses to occur. A
Planned Zoning District is required if the use is entirely office or commercial
or if the use is a mixture of the three.
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
2
6. The area on both sides of Old Shackleford Road, north of 36th Street. A
change is from Service Trades District to Mixed Use. Mixed Use provides
for a mixture of residential, office and commercial uses to occur. A Planned
Zoning District is required if the use is entirely office or commercial or if the
use is a mixture of the three.
7. The north terminus of Dover Drive. A change is from Public Institutional to
Residential Medium Density. Residential Medium Density accommodates a
broad range of housing types including single family attached, single family
detached, duplex, town homes, multi-family and patio or garden homes. Any
combination of these and possibly other housing types may fall in this
category provided that the density is between six (6) and twelve (12)
dwelling units per acre.
8. The area on both sides of Shackleford Road, north of Colonel Glenn Road.
A change from Light Industrial to Service Trades. Service Trades District
provides for a selection of office, warehousing, and industrial park activities
that primarily serve other office service or industrial businesses. The district
is intended to allow support services to these businesses and to provide for
uses with an office component. A Planned Zoning District is required for any
development not wholly office.
9. The northwest corner of Colonel Glenn and Allard Roads. A change from
Residential Low Density to Public Institutional. Public Institutional includes
public and quasi-public facilities that provide a variety of services to the
community such as schools, libraries, fire stations, churches, utility
substations, and hospitals.
10. The area south of Colonel Glenn Road from Brodie Creek to Stagecoach
Road. A change from Residential Low Density and Neighborhood
Commercial to Mixed Use. Mixed Use provides for a mixture of residential,
office and commercial uses to occur. A Planned Zoning District is required if
the use is entirely office or commercial or if the use is a mixture of the three.
11. An area east of Stagecoach Road, south of Susie Lane. The change is
from Neighborhood Commercial to Office and Residential Low Density. The
office category represents services provided directly to consumers (e.g.,
legal, financial, medical) as well as general offices which support more basic
economic activities. Residential Low Density provides for single family
homes at densities not to exceed 6 units per acre. Such residential
development is typically characterized by conventional single family homes,
but may include patio or garden homes and cluster homes, provided that the
density remain less than 6 units per acre.
12. West side of John Barrow Road, between 31st and 32nd Streets. A change
from Public Institutional to Residential Low Density. Residential Low
Density provides for single family homes at densities not to exceed 6 units
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
3
per acre. Such residential development is typically characterized by
conventional single family homes, but may include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per
acre.
13. Southeast of Colonel Glenn Road and Marborough Street. A change from
Mixed Use to Public Institutional. Public Institutional includes public and
quasi-public facilities that provide a variety of services to the community
such as schools, libraries, fire stations, churches, utility substations, and
hospitals.
14. South of Baseline Road, on both sides of Sibley Hole Road. A change from
Service Trades District to Mixed Office Commercial. Mixed Office
Commercial provides for a mixture of office and commercial uses to occur.
Acceptable uses are office or mixed office and commercial. A Planned
Zoning District is required if the use is mixed office and commercial.
15. East of Mabelvale Pike, north of Baseline Road. A change from Commercial
to Public Institutional. Public Institutional includes public and quasi-public
facilities that provide a variety of services to the community such as schools,
libraries, fire stations, churches, utility substations, and hospitals.
16. An area northwest of Mabelvale Pike, north of Mabelvale Circle. Two
changes from Light Industrial to Residential Medium Density and an area of
Residential Medium Density to Residential Low Density. Residential
Medium Density accommodates a broad range of housing types including
single family attached, single family detached, duplex, town homes, multi-
family and patio or garden homes. Any combination of these and possibly
other housing types may fall in this category provided that the density is
between six (6) and twelve (12) dwelling units per acre. Residential Low
Density provides for single family homes at densities not to exceed 6 units
per acre. Such residential development is typically characterized by
conventional single family homes, but may include patio or garden homes
and cluster homes, provided that the density remain less than 6 units per
acre.
17. Two areas, one on both sides of 65th Street, west of Geyer Springs Road
and the other west of Geyer Springs Road, between Big Oak Lane and
Forbing Road. The first area is a change from Industrial to Light Industrial.
Light Industrial provides for light warehouse, distribution or storage uses,
and/or other industrial uses that are developed in a well-designed "park like"
setting. The second area changes from Commercial and Industrial to Mixed
Use, north of Myerson Drive, and Industrial to Commercial south of Myerson
Drive. Mixed Use provides for a mixture of residential, office and
commercial uses to occur. A Planned Zoning District is required if the use is
entirely office or commercial or if the use is a mixture of the three. The
Commercial category includes a broad range of retail and wholesale sales
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
4
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.
18. Northwest of 65th Street and Battle Road. A change from Mixed
Commercial Industrial to Light Industrial. Light Industrial provides for light
warehouse, distribution or storage uses, and/or other industrial uses that are
developed in a well-designed "park like" setting.
19. Northeast of 65th Street and Battle Road. A change from Mixed Commercial
Industrial and Commercial to Service Trades District. Service Trades
District provides for a selection of office, warehousing, and industrial park
activities that primarily serve other office service or industrial businesses.
The district is intended to allow support services to these businesses and to
provide for uses with an office component. A Planned Zoning District is
required for any development not wholly office.
20. Two areas, one east of Scott Hamilton Road at 69th Street and the other
southwest of 69th and Murray Streets. A change from Industrial to Public
Institutional. Public Institutional includes public and quasi-public facilities
that provide a variety of services to the community such as schools,
libraries, fire stations, churches, utility substations, and hospitals.
21. East side of University Avenue, south of Fourche Creek. A change from
Commercial to Public Institutional. Public Institutional includes public and
quasi-public facilities that provide a variety of services to the community
such as schools, libraries, fire stations, churches, utility substations, and
hospitals.
22. An area northeast of David O Dodd Road along Waters Edge Road. A
change from Residential Medium Density to Residential Low Density.
Residential Low Density provides for single family homes at densities not to
exceed 6 units per acre. Such residential development is typically
characterized by conventional single family homes, but may include patio or
garden homes and cluster homes, provided that the density remain less
than 6 units per acre.
23. An area north of Interstate 30, on both sides of Warehouse Road. A change
from Mixed Commercial Industrial to Service Trades District. Service
Trades District provides for a selection of office, warehousing, and industrial
park activities that primarily serve other office service or industrial
businesses. The district is intended to allow support services to these
businesses and to provide for uses with an office component. A Planned
Zoning District is required for any development not wholly office.
24. An area east of Stagecoach Road at Shackleford Road. A change from
Neighborhood Commercial to Service Trades District. Service Trades
District provides for a selection of office, warehousing, and industrial park
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
5
activities that primarily serve other office service or industrial businesses.
The district is intended to allow support services to these businesses and to
provide for uses with an office component. A Planned Zoning District is
required for any development not wholly office.
ANALYSIS:
The Planning and Development staff began reviewing this area at the beginning
of 2012. The existing development pattern, as well as existing zoning and recent
re-classification actions were reviewed. After field visits and staff discussions,
letters were sent to all neighborhood associations in the area and other
neighborhood stakeholders asking for suggested changes in the area. Little
comment was received from this contact. A package of changes was developed
by Staff and affected property owners identified. All the affected property owners
were contacted about the possibility of changing the Land Use Plan designation
of their property. Staff received numerous phone calls and email responses to
that letter notifying them of the proposed changes. Most contacts were
informational only, one contact was not positive. One was in opposition,
expressing concerns about the limitations the change might place on future
property owners of their land. The final package of changes was developed and
property owners together with neighborhood associations were contacted about
the public hearing to consider the changes.
Staff believes this package of changes is a ‘clean-up’ to more accurately reflect
the current and likely future development pattern in the area of the changes.
This resulting ‘package’ of changes should create a more accurate Future Land
Use Plan that all can use, whether public or private.
1. Area 1 is along the north side of Kanis Road at Labette Drive. The area is
zoned and partially developed for a church. The eastern portion is still
wooded. There is a retirement mid-rise and rehabilitation facility to the
north. These properties are zoned various office classifications (O-1, Quiet
Office District, O-2, Office & Institutional District, and O-3, General Office
District) as well as R-6 (High-rise Apartment District). To the west is zoned
C-3 (General Commercial District) with single-family homes located on the
land. To the south and east the zoning pattern is generally residential, R-2
(Single Family District). Much of the land is wooded, however a single-
family subdivision is under development to the south. Immediately to the
south is a Planned Office District of a rehabilitation center. The site is
partially developed and zoned for a church and its campus, with the
undeveloped land to be part of that campus. Thus Public Institutional
reflects the existing and likely mid-term use of the land.
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
6
2. Area 2 is east side of John Barrow Road between Labette and Kanis Road.
It is currently undeveloped with O-3 (General Office District). To the south
is a large church zoned R-2 (Single Family District) with a Conditional Use
Permit for the church. To the east and west are apartment complexes. The
zoning to the west is R-5 (Urban Residential District) and to the east is
MF-12 (Multifamily 12-units per acre District). To the north is shown
Commercial on the Plan with commercial businesses as well as zoned C-3
(General Commercial District). The area of the amendment has been
acquired by the church to the south and a portion is currently used for
parking for that church. Thus a change to Public Institutional would more
accurately reflect the current and likely future development pattern.
3. Area 3 is west side of John Barrow Road, between Morris Manor and
Labette Drives. Both of these areas are developed. The site is developed
with a public library and is zoned Planned District Office (PDO). To the west
is MF-12 (Multifamily 12-unit per acre District) with an apartment complex
on the land. To the north is O-3 (General Office District) and Planned
District Residential (PDR). The office is developed with a business and the
PDR is wooded and undeveloped at this time. To the east across John
Barrow Road the land is C-3 (General Commercial District) and O-3
(General Office District) and is wooded. Since the site is developed with a
library, Public Institutional would best represent the current and likely
mid-term future use of the land.
4. Area 4 is west side of Junior Deputy Road at Monette Drive. This area is
owned by Baptist Medical Center. This had been a site for a proposed park
to go with the police sub-station to the north. However in the last few years
the parks development has been centered on parkland to the south closer to
36th Street and Colonel Glenn Road. The current zoning is Planned Office
District that has expired (the previous zoning was O-3 (General Office
District). To the north and west is zoned O-3 (General Office District) and
partially developed with medical related offices. The remaining land is
wooded and undeveloped. To the east and south is R-2 (Single Family
District) with single-family homes. The likely future development pattern for
this site is additional medical related offices.
5. Area 5 is between Interstate 430 and Shackleford Road, north of 36th Street.
The site is zoned Planned Commercial Development (PCD) and is a large
commercial center. The southern portion is zoned R-2 (Single Family
District) and is wooded. To the west across Interstate 430 is a single family
subdivision that is zoned R-2 (Single Family District). To the north across
Interstate 430 is zoned O-3 (General Office District) and O-2 (Office and
Institutional District). It is mostly developed with office buildings, though a
small portion remains undeveloped. To the east across Shackleford Road
is zoned OS (Open Space District) and is Camp Aldersgate. To the south
are various commercial zoned tracts and some R-2 (Single Family District)
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
7
undeveloped land. Some of the commercial zoned land is developed but
much is wooded and undeveloped.
Over seventy-five percent of the area is already developed as a commercial
center, making Commercial use the most likely mid-term land use pattern
for the area.
6. Area 6 is on both sides of Old Shackleford Road, north of 36th Street. Most
of the land is zoned R-2 (Single Family District) and is undeveloped wooded
lands. The eastern most portion of the area is zoned various forms of
commercial zoning and has several small businesses located on the land.
To the east is O-3 (General Office District) land across Shackleford Road,
currently wooded and undeveloped. To the west is wooded undeveloped
R-2 (Single Family District) land. North of the area in question is zoned
Planned Commercial District and is a large commercial center. South of the
site across Colonel Glenn Road is vacant wooded R-2 (Single Family
District) land. The use pattern developing along Shackleford Road is retail
and commercial in nature. With the existing street pattern, development
pattern as well as topography and drainage ways in the area, a pattern that
would allow a mix of uses and the flexibility to work with the existing land
would be most appropriate for this area.
7. Area 7 is at the north terminus of Dover Drive. The site is wooded and
undeveloped. The zoning is an expired Planed Office District (POD), with
an underlying MF-18 (Multifamily 18-units per acre District). To the north is
MF-18 zoning with a rehabilitation center located on the site. To the west is
MF-12 (Multifamily 12-units per acre District), with an apartment complex on
the site. To the east is single-family neighborhoods zoned R-2 (Single-
Family District). South of the site is zoned R-2 (Single Family District) with a
Conditional Use Permit to allow for a church, that is located on the site.
Since the proposed public quasi-public use proposed in 2001 did not
happen, a more accurate designation for this land is to reflect the existing
zoning that would allow for a multifamily development to occur on the site.
8. Area 8 is on both sides of Shackleford Road, north of Colonel Glenn Road.
The majority of the area is zoned industrial (I-1, Industrial Park District and
I-2, Light Industrial District), with R-2 (Single Family District) either side of
Shackleford Road at Colonel Glenn. The I-1 areas are developed as
warehouse showroom developments. There is a mini-warehouse
development zoned Planned Commercial District (PCD). The R-2 areas are
currently vacant tracts of land, with only a couple of the former houses
remaining. To the north is a large mobile home park, east of Shackleford
Road and wooded undeveloped land in the remaining areas. East of
Shackleford Road is zoned R-2 (Single Family District) and west of
Shackleford Road is zoned MF-12 (Multifamily 12-units per acre District).
To the west is C-2 (Shopping Center District) with a radio station and event
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
8
center. To the south are vacant R-2 (Single Family District) land and I-2
(Light Industrial District) and a Planned Office District (POD). The I-2 land
has a landscape company on it, with the POD partially developed with office
warehouse showroom development. To the east is R-2 (Single Family
District) and I-2 (Light Industrial District) land. The R-2 land has houses on
it and the I-2 is vacant land. Most of the land in the area of the Plan change
is office warehouse or mini-warehouse, thus the likely future development
pattern of this area is consistent with Service Trades District.
9. Area 9 is the northwest corner of Colonel Glenn and Allard Roads. The site
is zoned R-2 (Single Family District) with a Conditional Use Permit for a
church, which was recently built on the site. To the north and east is zoned
R-2 and R-3 (Single Family Districts). The land to the north is wooded and
undeveloped. The land to the east is wooded and partially developed with
homes. To the west is undeveloped wooded, I-2 (Light Industrial District)
land. South of the site is zoned R-2 (Single Family District) and Planned
District Commercial. There is a business on part of the land and houses on
some of the land. The most likely future development pattern is a
continuation of the present pattern. The likely future use of the site is to
continue as a church, thus a Public Institutional designation would be
appropriate.
10. Area 10 is south of Colonel Glenn Road from Brodie Creek to Stagecoach
Road. This is a portion of Colonel Glenn Road where homes had dotted a
county road. Colonel Glenn has become an arterial with higher traffic and
will be widened to double its current width. Nonresidential uses have
started to appear along the road. The western portion of the area is
predominantly R-2 (Single Family District) with both homes and business
uses. The eastern portion is zoned C-3 (General Commercial District) and
C-4 (Open Display Commercial District) with retail businesses and an
agriculture co-op business. To the south is a large tract zoned R-2 (Single
Family District) with a Conditional Use Permit for a church, which exists on
the site. To the west is a single-family subdivision zoned R-2 (Single Family
District). To the north is both R-2 zoning and office (O-3, General Office
District and Planned Development Office). Two churches exist in the R-2
area as well as a couple of homes. The area is changing and some
nonresidential use is appropriate. The Mixed Use designation will allow
some conversion but at the same time with the Planned District process
assures that change will be reviewed to protect the remaining residential, as
well as allowing for truly mixed use developments.
11. Area 11 is east of Stagecoach Road, south of Susie Lane. This area had
been shown as Neighborhood Commercial due to the non-residential zoning
of vacant land. The southern portion has been reclassified to Planned
District Residential (PDR) and is part of a larger residential development.
The northern portion remains zoned O-3 (General Office District) and
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
9
vacant. To the north, east, and west is zoned R-2 (Single Family District).
To the north and east are single-family subdivisions. To the west is a large
church development. South of the area is a PR (Park District) tract along
Brodie Creek. The recent zoning and development of the PDR is
recognized by the change, as is the existing zoning of the vacant tract just
south of Susie Lane.
12. Area 12 is along the west side of John Barrow Road, between 31st and 32nd
Streets. This had been the site of a church, which has been removed. The
land is zoned R-3 (Single Family District) with no Conditional Use Permit.
To the north, south and west is R-3 zoned land. The land is undeveloped to
the north and south and only partial developed to the west (with a couple of
homes). To the east across John Barrow Road is an expired Planned
Commercial Development. There has been more residential than non-
residential activity in the area and the site is zoned for single family, based
on this a change to Low Density Residential for the site has been
recommended.
13. Area 13 is southeast of Colonel Glenn Road and Marborough Street. The
area is a fire station and church, with zonings of I-2 (Light Industrial District)
and O-1 (Quiet Office District). To the south and east is R-2 (Single Family
District) land with houses. To the north and along Colonel Glenn to the west
are Planned Commercial Districts with businesses on them. The current
and likely future use of the area is for Public Institutional - a fire station and
church.
14. Area 14 is south of Baseline Road, on both sides of Sibley Hole Road. The
area is wooded and undeveloped. There is I-1 (Industrial Park District),
expired Planned Commercial District and expired Planned Industrial District.
To the north is R-2 (Single Family District), Planned Industrial District and
I-2 (Light Industrial District) zoning. Most of the area is undeveloped land,
are a few homes and a complex of State Highway Department buildings
toward the western edge. In the center there is a ‘You Pull It’ business. To
the east is a church zoned R-2 (Single Family District) with a Conditional
Use Permit for the church. To the south is O-3 (General Office District), and
an expired Planned Commercial District. The western half is undeveloped
partial wooded land. The eastern area is offices and businesses. To the
west is a mini-warehouse and outdoor entertainment area with zoning of I-2
(Light Industrial District) and Planned District Industrial. This area has not
seen any development in recent years. To move the Mixed Office
Commercial area all the way to Baseline Road and leave the large area
north of Baseline for Service Trades District appears appropriate.
15. Area 15 is east of Mabelvale Pike, north of the Interstate 30/Baseline Road
interchange. The area is owned and used by the State Highway
Department. The land is zoned R-2 (Single Family District). To the east is
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
10
R-2 (Single Family District) land with the main campus of the Highway
Department. To the south is C-3 (General Commercial District), C-4 (Open
Display Commercial District) and Planned Commercial District land with
hotels and retail uses. To the north is I-2 (Light Industrial District) land
partially developed. East of the area is zoned R-2 (Single Family District)
and C-3 (General Commercial District), with a business and former mobile
home park. Since the State owns and uses the land, the appropriate use
would be Public Institutional.
16. Area 16 is northwest of Mabelvale Pike, north of Mabelvale Circle. This is
an area that has not seen any development in years. The land is zoned R-2
(Single Family District) and has one home on it. To the north, east, and
south is zoned R-2 (Single Family District) and is generally wooded and
undeveloped. There is a large floodway for Fourche Creek along the north
side for this area. To the southwest is I-2 (Light Industrial District) land that
is undeveloped. Since there has been no activity and there is significant
amount of zoned vacant industrial land, the recommendation is to move the
non-residential line back to the zoning line. Moving the Residential Medium
Density area southwest that buffers the single-family, and as a result
moving the Residential Low Density area similarly.
17. Area 17 is two areas, one on both sides of 65th Street, west of Geyer
Springs Road and the other west of Geyer Springs Road, between Big Oak
Lane and Forbing Road. The first area is zoned I-2 (Light Industrial District)
and is mostly auto related businesses and mini-storage. To the north is C-4
(Open Display Commercial District) and has retail and commercial
businesses. To the east is Planned Industrial District and C-3 (General
Commercial District), with a food distribution business, retail and a mobile
home park on the land. To the south is I-2 (Light Industrial District) and has
large warehouses and some manufacturing. To the west across the main
Union Pacific Railroad tracks is C-4 (Open Display Commercial District) and
Planned Commercial District zoning, with retail uses. Light Industrial is
more appropriate than Industrial to represent the current and likely future
development pattern of this land.
The second area is west of Geyer Springs Road from Big Oak Lane to
Forbing Road. To the west, north, and south, the zoning is I-2 (Light
Industrial District) and Planned Industrial District, with a tree service,
warehouse and manufacturing facilities. To the east across Geyer Springs is
zoned C-3 (General Commercial District) and developed retail and
commercial. The northern part of this area is zoned C-3 (General
Commercial District) and I-2 (Light Industrial District). The commercial area
is used for multifamily and some retail use, while the industrial land is
vacant. This area is currently shown as Commercial and Industrial
respectively on the Plan. Based on current use and likely future use of this
land, Mixed Use is a more appropriate designation. The southern section,
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
11
south of Meyerson Drive is zoned I-2 (Light Industrial District) and has
several commercial businesses and a house located on the land. Based on
the lot size, current use of the land and surrounding uses a more
appropriate future use would be Commercial for this area.
18. Area 18 is northwest of 65th Street and Battle Road. The zoning is I-2 (Light
Industrial with an existing business. To the north and west is a Planned
Industrial District) for a food distribution company. To the east is C-4 (Open
Display Commercial District) for a commercial business and to the south is
C-3 (General Commercial District) for a business. Light Industrial is
consistent with the existing use and zoning of the site.
19. Area 19 is northeast of 65th Street and Battle Road. The zoning is C-4
(Open Display Commercial District), I-2 (Light Industrial District) and
Planned District Industrial. There are several commercial businesses in the
area. To the north is a single-family subdivision zoned R-2 (Single Family
District). To the west is I-2 (Light Industrial District) with a business. To the
east is C-3 (General Commercial District) with a business. To the south is
I-2 (Light Industrial District) with businesses. This area has been shown as
Mixed Commercial Industrial. With changes in today’s economy and
development patterns Service Trades District is intended to be support for
other industrial and business areas, this area is consistent with this.
20. Area 20 is two areas, one east of Scott Hamilton Road at 69th Street and the
other southwest of 69th and Murray Streets. Both sites are zoned I-2 (Light
Industrial District). The one on Scott Hamilton is the Job Corp site and is
both a housing and training facility. The other at 69th and Murray is a fire
station and training facility for the City of Little Rock. Both are surrounded
by I-2 (Light Industrial District) land and various warehouse, distribution and
light fabrication facilities. These are both relatively new public facilities and
are likely to remain in place for many more years.
21. Area 21 is east side of University Avenue, south of Fourche Creek. The
zoning is Planned Commercial District and the use is a church. To the north
is zoned C-4 (Open Display Commercial District) and is a golf driving range.
To the west across University Avenue is C-4 (Open Display Commercial
District) and is undeveloped. To the east is C-3 (General Commercial
District) and is undeveloped. To the south is a single-family subdivision
zoned R-2 (Single Family District) and I-2 (Light Industrial District) and
undeveloped. There is a church on a portion of the area and that church
has a proposed expansion on to the remaining land.
22. Area 22 is northeast of David O Dodd Road along Waters Edge Road. The
land is zoned R-2 (Single Family District) and is a partially developed single-
family subdivision. To the north, south and east is R-2 (Single Family
District) land. To the north and east the land is undeveloped and wooded,
while to the south is a single-family subdivision. To the west is an expired
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
12
Planned District Residential and R-2 (Single Family District) land that is
undeveloped. The area is a developing single-family subdivision and the
likely future use of the area is single-family.
23. Area 23 is north of Interstate 30, on both sides of Warehouse Road. The
area is zoned C-3 (General Commercial District), C-4 (Open Display
Commercial District) and I-2 (Light Industrial District). There are various
types of businesses from attorney office to motorcycle sales and flooring
sales to warehouse distribution. To the north is zoned R-2 (Single Family
District) and is a single-family subdivision. To the east are C-3 (General
Commercial District) and C-4 (Open Display Commercial District) with
businesses located on the land. To the west is R-2 (Single Family District)
where a former mobile home park existed and a non-conforming business.
To the south across Interstate 30 is I-2 (Light Industrial District) and C-3
(General Commercial District). There are various businesses located on
this land. The area has been shown as Mixed Commercial Industrial, due to
changes in the economy and development, a change is appropriate. This
area once was ‘Highway Commercial’ uses but with today’s economy and
development pattern a more likely future development pattern for the area is
Service Trades District.
24. Area 24 is east of Stagecoach Road at Shackleford Road. The zoning of
the land is R-2 (Single Family District). There is a ‘You pull it’ facility and an
old motel used for apartments located in the area. To the north, east and
south is R-2 (Single Family District) land. To the north and south are
houses, east of the site is vacant land (platted for houses). West of the area
are two Planned Commercial Districts with structures on them. This site
had been shown as Neighborhood Commercial with two non-conforming
uses. The uses are still in place. The land across Stagecoach Road has
been zoned and developed and is on the Plan as Service Trades District.
Based on the changes over the last several years and current use pattern,
Service Trades District is more appropriate than Neighborhood Commercial.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Brownwood
Terrace POA, Geyer Springs, John Barrow, Kensington Place POA, Meadowcliff
Brookwood, Pecan Lake POA, South Brookwood Ponderosa, Stagecoach Dodd,
Tall Timber POA, Twin Lakes A POA, Twin Lakes B POA, Town and Country,
Upper Baseline, Wakefield, Westwood, West Heights Place, and Westbrook
were also notified. Letters were sent to over 150 property owners in the area.
Staff has received several informational calls from area residents as a result of
the initial mailing in May. These were mostly informational. From the second
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
13
mailing to over 140 property owners and the same neighborhood association was
mailed on June 22, Staff has received less than half a dozen contacts.
STAFF RECOMMENDATIONS:
This package of amendments is designed to make the Future Land Use Plan
more representative of current and likely mid-term future uses for this area. Staff
believes the changes are appropriate.
PLANNING COMMISSION ACTION: (JULY 19, 2012)
Walter Malone, Planning Staff reminded the Commission that this was the third
or fourth area to be reviewed by Staff in an effort to keep the Land Use Plan up
to date. There are nine areas of change that recognized the existing use of the
land, these are areas 1, 2, 3, 9, 13, 15, 20, 21 and 22. There are an additional
four areas (areas 4, 7, 11 and 12) that are not developed but zoned something
other than single-family and the change would make the Plan consistent with
the existing zoning. Mr. Malone asked if anyone wanted a presentation on any
of these areas. With no request, Mr. Malone proceeded to give a short
presentation on each of the remaining proposed changes.
Mr. Malone reviewed areas 5 and 6 (the area between I-430 and Shackleford
Road, north of 36th Street) that are to go to Mixed Use. He reviewed what was
already there and what Mixed Use (MX) allows. This is a more likely future
development pattern for this area. Area 8 is either side of Shackleford Road,
north of Colonel Glenn Road. This area is developing and redeveloping as
mini-warehouse and office showroom types of development. The Service
Trades District designation is more consistent with this pattern.
Area 10 is south of Colonel Glenn Road from Brodie Creek to Stagecoach Road.
This area is a mix of single-family houses and businesses. The new designation
is for Mixed Use. The Planned Development process should help protect the
residents that wish to remain while allowing for a more orderly conversion to
non-residential and mixed uses that has already started in this area.
Area 14 is primarily wooded land south of Baseline Road, either side of Sibley
Hole Road. The recommendation is to move the Mixed Office Commercial land
north to Baseline Road, with Service Trades remaining north of Baseline Road.
It is believed that this is a more likely development pattern for that area.
Mr. Malone noted that at least one of the property owners in this area had
contacted staff and agreed that the change was closer to what they envisioned
for their property’s use in the future. Area 16 is also mostly undeveloped with
one older homestead. The revision would reduce the amount of Light Industrial
July 19, 2012
ITEM NO.: 8 (Cont.) FILE NO.: LU12-01
14
to that already zoned for that purpose. (This is an area that had started to
develop as an industrial park but has seen no development for decades).
Area 17 is east of the 65th Industrial Park. Either side of 65th Street, east of
Geyer Springs Road is shown as Industrial but is used for auto related
businesses and mini-warehouse with a zoning of Light Industrial. The Light
Industrial Land Use designation is more appropriate for the show and long term
use of this area. Further to the south along Geyer Springs Road between
Myerson and Arbor are apartments, three office and retail buildings and a large
vacant tract. With the existing use pattern and size of the tracts, a Mixed Use
designation would be more appropriate than the Industrial with some Commercial
that is currently shown on the Plan. The third area within area 17 is along
Forbing Road, east of Geyer Springs Road. This is a single family home, office
and auto related businesses on smaller lots. Commercial rather than Industrial is
a more appropriate designation for the uses and likely future uses (in part due to
the size of the parcels).
Areas 18 and 19 are Mixed Commercial Industrial. East of Battle is a Package
Plant and the change would be to Light Industrial. West of Battle are auto
related, packing, and warehouse businesses with a barber college. The change
in this area would be to Service Trades District, which is already in place south of
65th Street. Area 23 is also a Mixed Commercial Industrial area along Interstate
30. There are a variety of uses in this area including motorcycle sales, appliance
sales, carpet sales, offices and a trucking firm. With the one-way access road,
retail or high oriented businesses are less likely and a more likely future
development pattern is Service Trades District for this area..
The final area is area 24. It is at the Shackleford Road-Stagecoach Road
intersection and is shown for Neighborhood Commercial. There are two long
term uses: a salvage or you-pull-it business and a motor motel that is used as
apartments. The other corners of this intersection are Service Trades District
and Staff believes this is a more appropriate and likely future use for this area as
well.
Mr. Malone noted that there would be no zoning change with this amendment.
However, the amendment may open new possibilities for re-zoning of land by
various property owners.
There were no questions and a motion was made to approve the amendment
package as recommended by staff. By a vote of 9 for, 0 against and 2 absent
the amendment was approved.
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July 19, 2012
There being no further business before the Commission, the meeting
was adjourned at 5:14 p.m.
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