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LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
OCTOBER 2, 2008
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Troy Laha
Jerry Meyer
Lucas Hargraves
Jeff Yates
J. T. Ferstl
Obray Nunnley, Jr.
Chauncey Taylor
Darrin Williams
Bill Rector
Valerie Pruitt
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the August 21, 2008 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
OCTOBER 2, 2008
4:00 P.M.
I. OLD BUSINESS:
Item Number:
File Number:
Title
A. LU08-19-02 A Land Use Plan Amendment in the Chenal Planning
District from Single Family and Low Density Residential
to Multifamily, Commercial, Office and Single Family
and Park/Open Space on the east side of Rahling
Road, south of Pebble Beach Drive.
A.1. Z-8165-A Rezoning from R-2 and MF-18 to OS, R-2, MF-6,
MF-18, O-3 and C-3
East side of Rahling Road, south of Pebble Beach
Drive
A.2. MSP08-01 Master Street Plan Amendment realigning Wellington
Plantation and Beckenham Drives, current terminus to
Rahling Road.
B. Z-1703-A Gary’s Plaza – Conditional Use Permit
3224 Mabelvale Pike
C. LU08-20-02 A Land Use Plan Amendment in the Pinnacle District
from Low Density Residential to Multifamily at the
western terminous of Valley Ranch Drive.
II. NEW BUSINESS:
Item Number:
File Number:
Title
1. MSP08-02 Master Street Plan Amendment to remove Frazier Pike
from Fourche Dam Pike to Thibault and change
Thibault from a Collector to Minor Arterial (Fourche
Dam Pike to Frazier Pike).
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number:
File Number:
Title
1.1. G-23-403 Frazier Pike – Right-of-Way Abandonment
Between Birdwood Road and Thibault Road
2. Z-8396 Jones Day Care Family Home – Special Use Permit
4 Bjorn Borg Court
3. LU08-15-01 A Land Use Plan Amendment in the Geyer Springs
West Planning District from Industrial to Commercial
along Young Road west of Geyer Springs Road.
3.1. Z-2725-A Rezoning from I-2 to C-3
8624 Interstate 30
4. Z-8395 Rezoning from C-3 to C-4
6723 Colonel Glenn Road
5. Z-3371-AA Crain Automobile Dealership – Conditional Use Permit
and Land Alteration Variance
Lot 13, Village at Brodie Creek
NE corner of Colonel Glenn Road and Brodie Creek
Blvd.
6. Z-4670-B Second Presbyterian Church Prayer Garden and
Columbarium – Conditional Use Permit
600 Pleasant Valley Drive
7. Z-7909 Colon Accessory Dwelling – Conditional Use Permit
Time Extension
1410 Commerce Street
8. MSP08-03 Master Street Plan Amendment to remove proposed
Collector from Dixie Drive to Chenal Drive.
9. A-316 Independence Farms/Rahling Annex, north side Kanis
at Edswood (Independence Farms Lots 10-14)
10. Z-5615-A Allison Presbyterian Church Sidewalk Deferral
922 Wright Avenue
October 2, 2008
ITEM NO.: A FILE NO.: LU08-19-02
Name: Land Use Plan Amendment - Chenal Planning District
Location: The east side of Rahling Road, south of Pebble Beach Drive
Request: Low Density Residential and Single Family to
Multi Family, Commercial, Office, Single Family and Open Space
Source: Tim Daters, for Deltic Timber Co.
PROPOSAL / REQUEST:
The applicant has requested a deferral to the October 2, 2008 Planning
Commission hearing. Staff is supportive of this request.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The item was placed on the consent agenda for deferral to the October 2, 2008
hearing at the request of the applicant. By a vote of 9 for and 0 against the
consent agenda was approved.
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Chenal Planning District from Low Density
Residential and Single Family to Multi Family, Commercial, Office, Single Family
and Park/Open Space. The applicant has also filed a large rezoning for this site
and a Master Street Plan amendment for this site. The applicant is proposing
these changes to allow for commercial uses, multi family residential which would
accommodates ten to thirty six units per acre, office uses and some open space.
EXISTING LAND USE AND ZONING:
The property is vacant and undeveloped. It is currently zoned MF-18 and R-2
and is approximately 73 acres in size. All of the properties to the north, east and
south are also zoned R-2 Single Family and are mostly developed with single
family residences. A portion of that land is still vacant and undeveloped. The
west side of Rahling Road is zoned OS Open Space and R-2 Single Family; this
area is undeveloped. Southwest of the amendment area is zoned O-3 General
Office for a medical office and MF-18 for an apartment complex. To the
northwest along Rahling is a large area of undeveloped land that is zoned MF-12
Multi Family District.
October 2, 2008
ITEM NO.: A (Cont.) FILE NO.: LU08-19-02
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area is currently shown as Low Density Residential and Single
Family on the future land use plan. This area is surrounded by Single Family on
the north, east and south. There is a strip along the west side of Rahling shown
as Park Open Space and a strip farther north along Rahling shown as Multi
Family. West of the amendment area is shown as Mixed Use and Multi Family at
the corner of Kirk and Rahling Roads.
August 15, 2006, Ordinance 19582 amended the eastern intersection of
LaGrande and Rahling Roads from Multi Family to Mixed Office Commercial to
allow for future development.
June 17, 2003, changes from Office, Multifamily, and Single Family to Multifamily
and Low Density Residential located northeast of Chenal Parkway around
Rahling Road. These changes were made to reflect new zoning in the area for
future development.
MASTER STREET PLAN:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to provide
short distance travel within the urbanized area. Entrances and exits should be
limited to minimize negative effects of traffic and pedestrians on Rahling since it
is a Minor Arterial. Wellington Plantation Drive and Beckenham Drive are both
shown as proposed Collectors through this site and intersecting with Rahling
Road. The primary function of a Collector Street is to provide a connection from
Local Streets to Arterials. These streets may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class I bike route is shown along Rahling Road. A Class I bikeway is built
separate from or alongside a road. Additional paving and right of way may be
required.
PARKS:
According to the Master Parks Plan, half of the amendment area is within eight
blocks of a park. The northern half of this amendment site is not within eight
blocks according to the Parks Plan, although the west side of Rahling Road is
zoned for Open Space and is used for a walking trail.
October 2, 2008
ITEM NO.: A (Cont.) FILE NO.: LU08-19-02
3
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek’s Residential goal states: Ensure that
future developments of existing undeveloped land meet neo-traditional design
standards, including the placement of neighborhood passive green space and
community services within developing neighborhoods. River Mountain’s
Sustainable Environment goals states: Vigorously enforce the ordinance for
hillside protection and for tree preservation.
ANALYSIS:
This amendment area is approximately 73 acres of undeveloped, wooded land
along Rahling Road. This amendment proposes to add 41.13 acres of Multi
Family, 19.91 acres of Commercial, 2.24 acres of Office, 7.99 acres of
Park/Open Space and 1.62 acres of Single Family. The majority of this land is
currently shown as Single Family on the Plan. This vicinity has been growing
almost continually over the past twenty years. Many single-family subdivisions
have been built during this time both to the east and to the south of this area.
While much of this area is planned for Single Family use, the Land Use Plan has
also allotted room for Low Density Residential and Multi Family Development.
Along Rahling Road, there are currently 17 acres of undeveloped Multi Family
and 28 acres of undeveloped Low Density Residential. Low Density Residential
provides an option other than Single Family detached for future development.
The Plan classifications and zoning have been in place for approximately two
decades with no proposals for development.
Rahling Road provides the link between the major commercial center of Chenal
Parkway with Cantrell Road to the north. When the Land Use Plan and zoning
for the Chenal (Deltic) ownership and surrounding areas was approved in the
mid-1980s, a major office and commercial center was proposed at and near the
intersection of what is now Chenal Parkway and Rahling Road. This general
area has been seen as the community or regional shopping and employment
center of western Little Rock. The retail is just now developing with the recent
construction of the ‘Promenade at Chenal’.
Rahling Road is not currently constructed to full Master Street Plan standard.
The traffic volumes, while not yet to the number that would require the developer
to widen Rahling, are moving beyond the normal design volume for a two-lane
road. As development of this section of Little Rock continues based on the
October 2, 2008
ITEM NO.: A (Cont.) FILE NO.: LU08-19-02
4
current Land Use Plan, Rahling Road volumes should reach Arterial design
numbers in the next few years.
There is already a 28-acre section of Low Density Residential shown for a portion
of this site. North of this site along Rahling Road is a 17 acre section of Multi
Family that is undeveloped. This amendment is proposing to reconfigure this
existing plan to add a net total of approximately 6.2 acres of Multi Family/LDR
while adding 19.91 acres of Commercial to an area that is currently proposed for
residential uses.
The Master Street Plan shows two Collector streets (Beckenham and Wellington
Plantation Drives) intersecting Rahling Road near this amendment site. The
neighborhoods to the east of this application have concerns about these
connections and the traffic through their neighborhoods that may result. The
applicant has filed a Master Street Plan amendment as a separate item on this
agenda to modify the configuration of these two Collectors.
This application is also proposing to add 2.24 acres of Office and 19.91 acres of
Commercial. This area of Little Rock still has nearly 100 acres of undeveloped
Office within a mile of this application and approximately 40 acres of
undeveloped Commercial and Neighborhood Commercial along Rahling Road
just west of this application area. The existing commercial and office is part of a
large ‘node’ around the Chenal Parkway-Rahling Road intersection and includes
intersections of these roads with Kanis Road, Kirk Road and Wellington
Boulevard (all Arterials).
Rahling Road has been planned to be residential with various densities of
residential proposed on the Plan and zoned. There has already been some
intensification of land use and zoning along Rahling Road in the Kirk Road and
Chenal Valley Drive area. The City does have a Land Use Policy of discouraging
‘stripping’ or lining of Arterials with commercial uses and concentrating such uses
in ‘nodes’. The proposed amendment would continue to line Rahling Road with
commercial uses. Office areas along Rahling Road are narrow lots with buildings
designed and laid out with a ‘retail feel’, strengthening the ‘strip’ feel.
Showing several areas of different use implies multiple access points along
Rahling, which is an Arterial. Access should be limited to Rahling because it is
an Arterial. Multiple access points could have significant impact on pedestrian
and vehicular traffic. While each of these separate areas might be designed and
built to work together, the normal development pattern is for each separate use
area to develop independently. The amendment would create at least four new
use areas with all that is associated with this along Rahling Road.
October 2, 2008
ITEM NO.: A (Cont.) FILE NO.: LU08-19-02
5
Also, by placing destination uses (commercial and office) at the end of the
collectors, the trips from the neighborhoods to the east and south of the
application area could increase thereby causing more traffic on the collectors.
Some trips from the immediate neighborhood might no long proceed further west
along the Arterial to areas at Kirk and Chenal Parkway, but stop at the proposed
commercial and office areas. However, additional trips east of the amendment
area, that might have been attracted to the commercial and office at Napa Valley
and Rodney Parham may well move west along Beckenham to the proposed
commercial and office areas. As well, trips that might have gone south and west
along Kirk to commercial and office areas may be attracted up Wellington
Plantation Drive to the proposed new uses.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Chenal Ridge
POA and The Villages of Wellington. Staff has received four phone calls against
this amendment from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Walter Malone, Planning Staff reviewed the Land Use Plan in the area.
Mr. Malone talked about the major commercial area at Rahling Road and
Chenal Parkway. This area is only now beginning to development after twenty
years of zoning. There have been changes along Rahling Road to Commercial
and Office around Kirk Road. Staff is concerned that by making the changes
proposed, Commercial and Office, Rahling Road will be combined with
commercial and office rather than the originally proposed various densities of
residential.
Monte Moore, Planning Staff, presented the related reclassifications, Z-8165-A.
(See Item A.1 for a complete minute record.) Most of the presentation by
representatives of the applicant dealt the transportation issues of the western
part of Little Rock and some history of development of roads in the City. In
addition, the applicant’s consultant presented the findings of a traffic study
dealing with the street changes and reclassifications.
A Motion was made to approve the Land Use Plan Amendment. By a vote of
8 for, 2 against the Plan amendment was approved.
October 2, 2008
ITEM NO.: A.1 FILE NO.: Z-8165-A
Owner: Deltic Timber Corporation and Ager Shuffield
Joint Venture
Applicant: Tim Daters, White-Daters and Associates
Location: East side of Rahling Road, south of Pebble
Beach Drive
Area: 68.93 Acres
Request: Rezone from R-2 and MF-18 to OS, R-2,
MF-18, O-3 and C-3
Purpose: Future development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences; zoned R-2
South – Single family residences; zoned R-2
East – Undeveloped property and single family residences; zoned R-2
West – Undeveloped property (across Rahling Road); zoned OS,
R-2 and MF-12
A. PUBLIC WORKS COMMENTS:
1. Wellington Plantation Drive is shown on the Master Street Plan to
connect with Rahling Road. It is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 60 feet will be
required.
2. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Wellington
Plantation Drive to collector standards including 5-foot sidewalks with
planned development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Wellington Plantation
Drive.
3. Beckenham Drive is shown on the Master Street Plan to connect with
Rahling Road. It is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 60 feet will be required. The
proposed plan seems to show Beckenham Drive to connect into
Wellington Plantation Drive.
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
2
4. At the time of development, provide design of street conforming to the
Master Street Plan. Construct street improvement to Beckenham
Drive to collector standards including 5-foot sidewalks with planned
development. Additional improvements will be required at the
intersection of Rahling Road and the proposed Beckenham Drive.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and The Village of Wellington,
Chenal Ridge and Hillsborough Neighborhood Associations were notified
of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Single Family and Low Density Residential for this property.
The applicant has applied for a rezoning from R-2 and MF-18 to OS, R-2,
O-3, MF-18 and C-3.
A Land Use Plan amendment is a separate item on this agenda.
Master Street Plan:
Rahling Road is shown as a Minor Arterial. A Minor Arterial provides
connections to and through an urban area and their primary function is to
provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Rahling since it is a Minor Arterial. Wellington Plantation Drive and
Beckenham Drive are both shown as proposed Collectors through this site
and intersecting with Rahling Road. The primary function of a Collector
Street is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
Bicycle Plan:
A Class I bike route is shown along Rahling Road. A Class I bikeway is
built separate from or alongside a road. Additional paving and right-of-
way may be required.
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
3
Neighborhood Action Plan:
This area is covered by both the Rock Creek and the River Mountain
Neighborhood Action Plans. Rock Creek’s Residential goal states:
Ensure that future developments of existing undeveloped land meet
neo-traditional design standards, including the placement of neighborhood
passive green space and community services within developing
neighborhoods. River Mountain’s Sustainable Environment goals states:
Vigorously enforce the ordinance for hillside protection and for tree
preservation.
E. STAFF ANALYSIS:
Deltic Timber Corporation and Agar Shuffield Joint Venture, owners of the
68.93 acre property located along the east side of Rahling Road, south of
Pebble Beach Drive, are requesting to rezone the property from “R-2”
Single Family District and “MF-18” Multifamily District to “OS” Open Space
District, “R-2” Single Family District, “MF-18” Multifamily District, “O-3”
General Office District and “C-3” General Commercial District. The
rezoning is proposed for future development of the property. The 68.93
acres proposed for rezoning is comprised of 14 areas within the property.
Following is a list of the 14 areas within the 68.93 total acres proposed for
rezoning, from north (at the southeast corner of Rahling Road and Pebble
Beach Drive) to south:
AREA LOCATIONS ACREAGE
Area 1 – R-2 to OS ( 1.57 Acres)
Area 2 – R-2 to MF-18 (20.30 Acres)
Area 3 – R-2 to O-3 ( 2.93 Acres)
Area 4 – R-2 to C-3 ( 7.71 Acres)
Area 5 – MF-18 to C-3 ( 3.02 Acres)
Area 6 – MF-18 to C-3 ( 5.70 Acres)
Area 7 – MF-18 to R-2 ( 0.03 Acre)
Area 8 – MF-18 to C-3 ( 3.48 Acres)
Area 9 – MF-18 to O-3 ( 1.56 Acres)
Area 10 – R-2 to O-3 ( 0.68 Acre)
Area 11 – R-2 to MF-18 (13.91 Acres)
Area 12 – MF-18 to R-2 ( 1.62 Acres)
Area 13 – MF-18 to OS ( 5.04 Acres)
Area 14 – R-2 to OS ( 1.38 Acres)
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
4
The property owners have a total of approximately 134.4 acres located
along the east side of Rahling Road, south of Pebble Beach Drive. As
noted above 68.93 acres is proposed to be rezoned, leaving 58.49 acres
of existing R-2 zoned property and 6.92 acres of existing MF-18. The
proposed rezoning will result in the following zonings for the overall 134.4
acre property:
• OS – 8.0 Acres
• R-2 – 60.1 Acres
• MF-18 – 41.2 Acres
• O-3 – 5.2 Acres
• C-3 – 19.9 Acres
The property is currently undeveloped and wooded. The property has
varying degrees of topography throughout the site.
There is undeveloped R-2 zoned property immediately north, south and
east (same ownership) of the 68.93 acres proposed for rezoning. Single
family residences are located further north, south and east. There is
undeveloped property, zoned OS and R-2 located across Rahling Road to
the west. Multifamily developments are located further west near the
Rahling Road/Kirk Road intersection. There are other non-residential
uses also further west along Rahling Road.
The City’s Future Land Use Plan designates the 68.93 acres as Single
Family and Low Density Residential. A proposed Land Use Plan
amendment to Multifamily, Commercial, Office, Single Family and
Park/Open Space is a separate item on this agenda. The applicant has
also requested a Master Street Plan amendment to realign Wellington
Plantation Drive and Beckenham Drive. This is also a separate item on
this agenda.
Staff is not supportive of the requested rezoning. Staff believes it is most
appropriate for this property to develop as it is currently zoned (R-2 and
MF-18). Several streets within adjacent developed single family
residential neighborhoods currently “stub out” at the boundary of this
property. These streets include Lorian Drive and Levant Drive to the
north, Bradbury Drive and Beckenham Drive to the east and Wellington
Plantation Drive and Wellington Plantation Lane to the south. Staff
believes continuation of these streets into the subject property, with
additional single family residential development, would be the best use of
the property. A portion of the property (with the south half) is currently
zoned MF-18, and a future development of this property would take
access from Rahling Road or an extension of Wellington Plantation Drive.
Additionally, there is a large amount of undeveloped property, currently
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
5
zoned for Multifamily, Office and Commercial development, within the
nearby Chenal Parkway and Highway 10 vicinity. Staff feels that
additional Multifamily, Office and Commercial zoning along this section of
Rahling Road which is more single family residential in nature, would be
detrimental to the existing neighborhoods, creating additional traffic and a
level of noise and light pollution which should not be introduced into this
area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested OS, R-2, MF-18, O-3 and C-3
rezoning.
STAFF NOTE:
The applicant submitted a letter to staff on June 9, 2008 requesting this
application be deferred to the August 21, 2008 Agenda. The deferral request is
to allow staff additional time to review the proposed rezoning and land use plan
amendment applications. Staff recommends approval of the deferral request to
the August 21, 2008 Agenda.
PLANNING COMMISSION ACTION: (JULY 10, 2008)
Staff informed the Commission that the applicant requested to defer the
application to the August 21, 2008 Agenda to allow staff additional time to review
the Land Use Plan Amendment and rezoning requests. Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the August 21, 2008 Agenda. A motion to that
effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.
STAFF UPDATE:
The applicant submitted a letter to staff on July 30, 2008 requesting this
application be deferred to the October 2, 2008 Agenda. This will be the first
deferral charged to the applicant, as the previous deferral was at the request of
the Planning Staff. Staff recommends approval of the deferral request to the
October 2, 2008 Agenda.
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
6
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
July 30, 2008 requesting the application be deferred to the October 2, 2008
agenda. Staff noted that this would be the first deferral charged to the applicant.
Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 2, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Bill Spivey, Tim Daters and Ernie Peters were present, representing the
application. There were numerous objectors present. Staff presented the
application with a recommendation of denial.
Staff noted that the applicant had revised the application adding the following
two (2) conditions to the proposed rezoning:
1. The proposed multifamily, office and commercial zoning will require site plan
review approval by the Planning Commission.
2. The applicant eliminated a number of the permitted and conditional uses for
the proposed C-3 zoning. The applicant submitted a list of the uses to be
eliminated.
Bill Spivey addressed the Commission in support of the application. Mr. Spivey
gave a brief history of the area with respect to the Master Street Plan and Land
Use Plan. He explained that the zoning was requested to help justify the
construction costs of the Beckenham Road and Wellington Plantation Drive
extensions to Rahling Road. He noted that R-2 zoned areas will be left between
the proposed multifamily zoning and the existing single-family residences.
Tim Daters addressed the Commission in support of the application. He
explained the topography of the property with respect to the proposed street
alignments. Ernie Peters presented a traffic study of the area to the
Commission.
Bud Laumer addressed the Commission in opposition. He explained that the
Beckenham Drive traffic levels would be increased to an arterial level if
connected to Rahling Road. He noted that the proposed zoning would be
detrimental to the existing single-family neighborhoods. He discussed traffic in
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
7
the area. He asked the Planning Commission to maintain density and zoning in
the area.
Bryan Meldrum, of the Chenal Ridge POA, also spoke in opposition. He
explained that there was no need for additional multifamily zoning in the area.
He noted that there was existing multifamily zoning in the area and additional
would create excess traffic.
Jeff Cook also spoke in opposition. He explained that the proposed zoning
would be detrimental to the existing neighborhoods.
John Lessel explained that the proposed zoning would have an adverse impact
on traffic on Pebble Beach Drive.
Dana Kurten, of the Hillsborough POA, spoke against the proposed rezoning.
She noted that two (2) neighborhood pools in the area would be adversely
impacted by an increase in traffic.
Ruth Bell, of the League of Women Voters, also spoke in opposition. She
discussed how streets are constructed in the city. She noted that there was
existing undeveloped multifamily, office and commercial zoned property in the
area.
Larry Johnson also spoke in opposition. He explained that additional multifamily
zoning was not needed in the area.
Heath Harper also spoke in opposition. He recognized all persons present who
were in opposition.
Bill Rector discussed how Rodney Parham Road was constructed and how it is
different from Rahling Road. He discussed Master Street Plan issues related to
Pebble Beach Drive.
Pam Adcock noted that the applicant was proposing additional R-2 single-family
development as a buffer between the proposed multifamily and nonresidential
zoning and the existing single family neighborhoods.
Vice-Chairman Yates asked Mr. Meldrum why he was against something that
would decrease traffic on Pebble Beach Drive. Mr. Meldrum noted that it was
not a significant decrease in traffic. The issue of traffic was briefly discussed.
Mr. Yates noted that the neighborhood action plan for the area mentioned future
neo-traditional development and discussed the issue.
There was a motion to approve the Land Use Plan Amendment (LU08-19-02).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
October 2, 2008
ITEM NO: A.1 (Cont.) FILE NO.: Z-8165-A
8
There was a second motion to approve the requested rezonings, subject to the
conditions added by the applicant (site plan review and elimination of C-3 uses).
The motion passed by a vote of 8 ayes, 2 nays and 1 abstention (Hargraves).
The rezoning application was approved.
October 2, 2008
ITEM NO.: A.2 FILE NO.: MSP08-01
Name: Master Street Plan Amendment modifying the location of two
Collectors
Location: Beckenham Drive and Wellington Plantation Drive from their termini
to Rahling Road
Request: To re-align these two Collectors to join prior to their intersection
with Rahling Road
Source: Tim Daters, White-Daters for Chenal Properties
PROPOSAL / REQUEST:
The request is to re-align Wellington Plantation Drive to the north and
Beckenham Drive to the south, such that they become one street prior to their
connection with Rahling Road. Both of these roads are Collectors. The
classification and design standards for the roads are not requested to change.
(Though due to existing topographic the roads may not meet the maximum grade
requirement).
Staff and the applicant on August 6, 2008 agreed to defer this item to the October 2,
2008 agenda in order to allow additional review time.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The item was placed on the consent agenda for deferral to the October 2, 2008
hearing at the request of Staff and the applicant. By a vote of 9 for and 0 against
the consent agenda was approved.
STAFF UPDATE: (OCTOBER 2, 2008)
CURRENT MASTER STREET PLAN:
Wellington Plantation Drive and Beckenham Drive are both Collectors.
Wellington Plantation Drive serves the northern portion of the Villages of
Wellington Subdivision and will connect that subdivision with Rahling Road, the
Arterial. Beckenham Drive serves several subdivisions to the east and north.
Currently this Collector has a break in it. The eastern section serves the
Hillsborough and other subdivisions connecting them to Hinson Road, the
Arterial. The western segment connects to a third Collector, Dorado Beach, and
October 2, 2008
ITEM NO.: A.2 (Cont.) FILE NO.: MSP08-01
2
then on to the north and east to Hinson Road. When connected, Beckenham
Drive will provide access to Rahling Road from many subdivisions.
FUTURE LAND USE PLAN:
Currently the Land Use Plan shows Single-Family with some Low Density
Residential along Rahling Road. The Master Street Plan current alignments of
the two Collectors are generally along either side of the Low Density Residential
use area. An area of Multifamily is shown along the west side of Rahling Road
north of the proposed intersection.
There is an accompanying Land Use Plan amendment that would add Office and
Commercial at the relocated single intersection with Rahling Road. Two Multi-
family areas are then proposed to the northeast and southwest of this
intersection. Each of the Multi-family areas is between Rahling Road and one of
the two proposed Collectors.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The amendment area is in the Rock Creek Neighborhood Plan area with the
River Mountain Neighborhood Plan area just to the north (some overlap on
Beckenham Drive). Neither of these Neighborhood Plans directly address either
of the Collectors involved in this application. Nor do the Plans address the issue
of re-aligning or combining of these Collectors.
ANALYSIS:
The Collector connection from the residential subdivision developing west of
Hinson Road to Rahling Road has been on the Master Street Plan for many
years (prior to any urban or suburban development of the area). This Collector
has been partially developed as Beckenham Drive. The Collector shown as
Wellington Plantation Drive has been on the Plan for a shorter time. Several
Collector alignments and even the Arterial (Kirk Road) location have been shown
close to the Wellington Plantation Drive alignment. In the case of both
Collectors, alignments have been shown since before development of the area
started.
Collectors are intended to move vehicles and people from single-family
neighborhoods to the Arterial system. In this case, both Collectors move from
the existing and developing single-family subdivisions west of Hinson Road and
October 2, 2008
ITEM NO.: A.2 (Cont.) FILE NO.: MSP08-01
3
north of Chenal Parkway to the Arterial – Rahling Road. The proposed
amendment does not recommend the elimination of any Collector but rather
proposes to combine them prior to their connection to Rahling Road.
The developer has also noted that due to the topography the proposed
extensions will not meet the slope requirements of the Master Street Plan. That
is, the new roads will have a greater incline than allowed. This is true with their
proposed alignment. Thus combining the roads does not improve the situation
caused by the topography of the site.
To make this change would mix traffic from two areas prior to connection to the
Arterial system. It combines the east-west movement of Beckenham Drive with
the north-south movement of Wellington Plantation Drive. The change could
reduce the number of streets connecting to Rahling Road. This would lessen the
number of potential future signalizations. But it could also hasten the need to
signalize the resulting intersection, when it is possible no signalization on Rahling
would have occurred.
Prior to the point where Beckenham Drive is proposed to connect to Wellington
Plantation Drive, Dorado Beach, a Collector, connects to Beckenham Drive. This
feeds traffic from the northeast of Beckenham on to Beckenham Drive. In a
preliminary review of the request, Staff had some concerns about this
concentration of traffic that would result. For this reason, together with the
changes proposed by a related Land Use Plan amendment, Staff requested a
traffic study.
This study in part is to assure that the volumes are not too high on the resulting
combined Collector. Thus should the combined roadway, if allowed, be built to a
higher standard to handle the volumes? Would the street network work better or
as well with a more distributed traffic volume? On the surface some concerns did
appear and the study was requested to get additional information on impacts. No
Traffic Study has been received by the City for review.
The proposed change would mix north-south and east-west movements and if
the Land Use and Zoning are approved creating a destination at the western end
of these Collectors. All the proposed changes could increase traffic demands.
With the Master Street Plan network, traffic would be better distributed, therefore
reducing the ultimate impact on the road system.
NEIGHBORHOOD COMMENTS:
Chenal Properties is the only property owner adjacent to the proposed and
current Collector alignments. Notices were sent to the Villages of Wellington
October 2, 2008
ITEM NO.: A.2 (Cont.) FILE NO.: MSP08-01
4
Community Association. There has been some contact made with Staff on this
matter generally informal in nature, with some expressing concerns with the
changes.
STAFF RECOMMENDATIONS:
Denial, Staff has concerns about the implications of the combination on the two
roads as well as on Rahling Road.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Walter Malone, Planning Staff indicated that Staff had received a traffic study
in the last ten days. A preliminary review indicated that the proposed street
system would handle the traffic with the assumptions made. These assumptions
included a limit of multifamily units (600), reduced density of development of the
non-residential areas, and joint access between the non-residential and
multifamily areas of which none are required by the Commission’s previous
approval of the related zoning case. Staff still believes that a more distributed
system is preferred. With the model assumptions access would still be a full
intersection at the locations where each of the Collectors would have been with
the added full intersection and signal at the new Collector location along Rahling
Road.
Bill Spivey for the applicant indicated that they would design and build all the
roads proposed when the Board of Directors approves the reclassifications,
master street plan and land use plan. Even before they sell one lot. With the
proposal before the Commission, Beckenham will not connect, there is a break in
Beckenham further to the east. Chenal Properties will commit to $325,000
toward the construction of this portion of the road (design and construction), if the
City will work with the developers on the design and construction and the City
acquires the right-of-way. The developers will also commit to traffic circles
(round-about) at Rahling with Pebble Beach and Rahling and Wellington, if they
will ‘work’ (topography and other issues). In response to a question, it was stated
that $325,000 should cover most of the cost of a two-lane road, not full drainage,
sidewalks etc. There are two owners through which this road would traverse and
the City will have to get the right-of-way from them. This offer is to only build
two-lanes. The idea being to allow the movement of the traffic projected for the
road by the model (10 year projections). Further work may have to be done to
bring the road to ‘full’ standard. The City acquires the additional right-of-way and
Deltic (Chenal) agrees to contribute $325,000 toward work of construction-design
in conjunction with the roadwork they would be doing on the west terminus of
Beckenham. This is a ‘good faith’ effort to address what the model says needs to
be done to improve the situation.
October 2, 2008
ITEM NO.: A.2 (Cont.) FILE NO.: MSP08-01
5
Mr. Danny Broaddrick a resident on Valley Park spoke against the change. He
was concerned about an increase in traffic due to diversions. Also he was
concerned about the traffic circle proposals along Rahling Road. There was
discussion about traffic circles.
Bud Laumer spoke next. He took issue with the projected traffic volumes and
talked about the increases he believes will occur. Due to the alignments,
Beckenham will function like an arterial – continuation of Hinson Road to Rahling
Road. There will be a need to build traffic calming devices along Beckenham.
There has been a nine percent traffic increase and count of over 32000 vehicles
for Rahling Road. He gave some examples of existing high volume streets
similar to what he believes Beckenham will become. Traffic moving form east to
west due to the proposed zoning and uses that are future to the west have not be
factored into the projections.
There was discussion about ‘neo-traditional’ development and the differences
between this part of Little Rock and the Hillcrest area. Also there is a need for
more density with the changes in the economy (gas prices, etc.).
John Lessel, 158 Pebble Beach expressed support of the change and the relief
this would give to Pebble Beach.
A motion was made to approve the Master Street Plan Amendment. By a vote of
11 for and 0 against the amendment was approved.
October 2, 2008
ITEM NO.: B FILE NO.: Z-1703-A
NAME: Gary’s Plaza – Conditional Use Permit
LOCATION: 3224 Mabelvale Pike
OWNER/APPLICANT: JP Mortgage and Investments/Gary Shorter
PROPOSAL: A conditional use permit is requested to allow retail
sales and a special event center in the existing
building on this I-2 and C-4 zoned property.
1. SITE LOCATION:
The property is located on the northwest corner of Mabelvale Pike and
West 33rd Street, one block south of Asher Avenue.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed residential, commercial and
industrial uses. Several auto service type businesses are located along
Asher Avenue to the north. A hotel is located across Mabelvale Pike to
the east. A plumbing supply company and a recently approved church are
located to the southeast. Single-family residences are located to the west
and southwest. A small commercial center containing a variety of uses is
located to the south. Although the use may be compatible with the uses in
the area, staff has concerns with the impact of the proposed special event
center on nearby properties due to the limited parking available on site.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the South of Asher and Curran
Conway Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has a driveway onto Mabelvale Pike and a loading area driveway
onto West 33rd Street. The property contains 7 paved parking spaces. A
gravel parking area is adjacent to the north. As many as 24 parking
spaces could possibly be constructed in that area. The use requires 43
parking spaces based on 1/300 square feet for the retail sales area and
1/100 square feet for the special event center.
October 2, 2008
ITEM NO.: B (Cont.) FILE NO.: Z-1703-A
2
4. SCREENING AND BUFFERS:
Site Plan must comply with the City’s landscape and buffer ordinance
requirements.
Additional landscaping will be required in conjunction with any new
parking areas located on the site.
Depending upon rehabilitation costs associated with this project the
parking lot and property may have to be brought into full compliancy with
the City’s landscaping and buffer minimal ordinance requirements.
5. PUBLIC WORKS COMMENTS:
1. Mabelvale Pike is classified on the Master Street Plan as a minor
arterial. A dedication of right-of-way forty-five (45) feet from centerline
will be required.
2. Due to the proposed use of the property, the Master Street Plan
specifies that West 33rd Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to thirty (30)
feet from centerline. The centerline of West 33rd Street is not shown
on the survey. Provide the distance from centerline to the property line
as determined by a survey.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer is available to this property.
Entergy: No comment received.
CenterPoint Energy: No comment received.
AT&T (SBC): No comment received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Fire sprinklers may be required.
County Planning: No comment received.
CATA: The site is not located on a CATA bus route.
October 2, 2008
ITEM NO.: B (Cont.) FILE NO.: Z-1703-A
3
SUBDIVISION COMMITTEE COMMENT: (JULY 31, 2008)
The applicant was present. Staff presented the item and noted additional
information was needed on days and hours of operation, signage, dumpster
location and parking.
Public Works and Landscape Comments were noted.
The applicant was advised to respond to staff issues by August 6, 2008. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The I-2 zoned property located at 3224 Mabelvale Pike is occupied by a 4,500
square foot, one-story metal building and a 7-space paved parking lot. The I-2
portion of the property consists of the south 70 feet of Lots 10, 11 and 12,
Block 1, Ruebel and Leymer Addition. The north 68 feet of the lots is zoned C-4
and is gravel-covered.
The applicant is proposing to utilize the building for retail sales and a special
event center. The retail sales will consist of items such as new and used
clothing, furniture, antiques or tobacco products. The special event center will
occupy approximately 4,000 square feet of the building and will be made
available for rent for events such as weddings, receptions, anniversaries,
birthday parties, baby showers, business meetings, conferences and church
functions. Hours of operation for the retail sales are Monday through Saturday,
11:00 a.m. – 6:00 p.m. Hours for the special event center are 7 days a week,
8:00 p.m. – 1:00 a.m. Signage consists of an existing ground sign and wall
signage on the east and south facades. No dumpster is indicated. The applicant
states the Fire Marshall has set an occupancy limit of 85 persons for the special
event center.
Although the use appears to be compatible with most uses in the area, staff is
not able to support the application. It is apparent there is not enough parking
available to meet the requirements of the Ordinance for the special event center.
This use alone requires 40 parking spaces. There are 7 spaces on the site
where the building is located and the possibility of constructing 24 more on the
gravel area north of the building. When this building was constructed in 1968 for
an auto parts store, the 7 paved spaces were constructed. The gravel area north
of the store was not developed in conjunction with the store. Although the gravel
area could be developed for 24± more spaces, it is still less than required for the
October 2, 2008
ITEM NO.: B (Cont.) FILE NO.: Z-1703-A
4
use. Staff is concerned that the result could be that vehicles are forced to park
on the area streets, including in front of the residential properties to the west.
STAFF RECOMMENDATION:
Staff recommends denial of the C.U.P.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that on August 15, 2008 the applicant had requested deferral of
the item to the October 2, 2008 meeting to allow him time to address staff
concerns. There was no further discussion.
The item was placed on the consent agenda and deferred to the October 2, 2008
meeting by a vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had not completed the notification requirement
and had not responded to issues raised at Subdivision Committee regarding
parking. Staff recommended deferring the item to the November 13, 2008
meeting. There was no further discussion.
The item was placed on the consent agenda and approved for deferral to the
November 13, 2008 meeting by a vote of 10 ayes, 0 noes and 1 absent.
October 2, 2008
ITEM NO.: C FILE NO.: LU08-20-02
Name: Land Use Plan Amendment - Pinnacle Planning District
Location: The present terminus of Valley Ranch Drive, west of Patrick
Country Road
Request: Low Density Residential to Multi Family
Source: Mr. Ed Willis, FC Grass Farms Partnership
PROPOSAL / REQUEST:
Land Use Plan amendment in the Pinnacle Planning District from Low Density
Residential to Multi Family. Multi Family accommodates residential development
of ten to thirty-six dwelling units per acre. Staff is not expanding the application
since the land Use Plan in this area was reviewed approximately seven months
ago.
EXISTING LAND USE AND ZONING:
The property is currently zoned R-2 Single Family and is 40 acres ± in size. The
R-2 Single Family District extends both north, east and west of this amendment
area and is largely undeveloped and wooded. Immediately south of the
amendment area is zoned O-3 General Office District and has a medical office
and vacant land. Southeast of this area is zoned MF-18 for a multi family
development and Planned Development Residential for a partially developed
attached single family development. Further south, along Cantrell, is zoned for
six different Planned Commercial Developments for a liquor store, an auto shop,
and a few offices. Some of the frontage on Cantrell is still zoned R-2 Single
Family and is occupied by single family residences.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This area is shown as Low Density Residential on the Future Land Use Plan.
Single Family extends north, west and east of this application site. As Valley
Ranch Drive heads south, the plan changes from Single Family to Office and
then to Business Node along Cantrell. The northwest corner of Patrick Country
Road and Cantrell Road is shown as Public Institutional. The northwest corner of
Valley Ranch and Cantrell is shown as Suburban Office. Business Node is
shown on the plan along Cantrell Road between Valley Ranch Road and Patrick
Country Road.
October 2, 2008
ITEM NO.: C (Cont.) FILE NO.: LU08-20-02
2
Ordinance 19941 was passed on April 1, 2008. This amendment changed this
current amendment area from Single Family to Low Density Residential and
Office to accommodate the expansion of the existing office park.
Ordinance 19292 on April 5, 2005 changed multiple areas in this region. South
of Hwy 300 at Hwy 10 was changed from Public Institutional to Single Family and
Low Density Residential. At the intersection of Highway 300 and Cantrell, an
area was changed from Public Institutional, Neighborhood Commercial, and
Single Family to Suburban Office under this ordinance. On Chenonceau, an
area was changed from Mixed Office Commercial to Commercial. On Ranch
Boulevard, one area was changed from Single Family to Public Institutional and
another area was changed from Mixed Office Commercial to Commercial. The
property at 5800 Ranch Drive was changed from Mixed Office Commercial to
Office. At the northeast corner of Katillus and Cantrell an area was changed
from Transition to Suburban Office. Further south on Katillus was changed from
Transition to Single Family. All four corners at the intersection of Chenal and
Cantrell were changed from Park/Open Space strips along the road to
Commercial. South of Cantrell on Chenal was changed from Park/Open Space
to Single Family. At the northeast corner of the intersection of Highway 300 and
Cantrell a change was made from Single Family to Office. These amendments
were part of a review of the Highway 10/Cantrell Corridor as requested by the
Little Rock Board of Directors to better reflect the future development pattern
along Highway 10.
Ordinance 19053 on February 17, 2004 at the intersection of Chenal and Cantrell
and the surrounding areas made multiple changes. Most of the changes were to
promote this intersection for future commercial uses.
MASTER STREET PLAN:
Valley Ranch Drive is shown as a Local Street on the Plan. The primary function
of a Local Street is to provide access to adjacent properties. Local Streets which
are abutted by non-residential zoning/use or more intensive zoning than
duplexes are considered as “Commercial Streets”. These streets have a design
standard the same as a Collector. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II bikeway is shown along Cantrell Road according to the Master Street
Plan bicycle section. A Class II bikeway is located on the street as either a 5’
shoulder or six foot marked bike lane. Additional paving and right of way may be
required.
October 2, 2008
ITEM NO.: C (Cont.) FILE NO.: LU08-20-02
3
PARKS:
According to the Master Parks Plan, this area is not located within eight blocks of
a city park or open space.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
This application is proposing to amend approximately 40 acres of Low Density
Residential currently shown on the Future Land Use Plan to Multi Family. The
application is located in west Little Rock at the present terminus of Valley Ranch
Drive west of Patrick Country Road. Over the last few years, Valley Ranch Drive
has been developing into an office park. This amendment area was just modified
on the Future Land Use Plan in April 2008 to include more Office and this Low
Density Residential. A change from Single Family to Low Density Residential
and Office was approved by the Board of Directors on April 1, 2008. The same
applicant is now applying for a rezoning from R-2 Single Family to MF-18 Multi
Family District.
North of the existing office park is still mostly vacant and undeveloped and is
shown as Low Density Residential on the Future Land Use Plan. While there are
several hundred acres of undeveloped Single Family shown on the Land Use
Plan north of this area, there is not as much undeveloped Multi Family shown on
the plan in this area. While the single family development market has been
slowing, there has been a new upswing in demand for multi family developments.
Traditionally, multi family developments are used as a sort of step down in
intensity between single family developments and non residential developments.
This was the original intent of the Low Density Residential section in this area.
Multi Family, while more intense than Low Density Residential, could still act as
this buffer for the future single family developments north of this area.
Staff feels this amendment would be appropriate because the Multi Family could
provide a buffer between the existing Office to the south and the Single Family to
the north. The land immediately north of this application site is still zoned R-2
October 2, 2008
ITEM NO.: C (Cont.) FILE NO.: LU08-20-02
4
single family and shown as Single Family on the Future Land Use Plan. The
proposed Multi Family area would protect future Single Family developments
while providing other housing options besides just Single Family for this area.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
and Maywood Manor. Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (AUGUST 21, 2008)
Walter Malone of planning Staff reviewed the request and the surrounding use
pattern. Staff believes that multi-family can provide the same transition of use as
the Low Density Residential was intended to serve. There is continuing demand
for multifamily and much of the areas proposed and zoned for that use to the
east and some to the west have been developed. Commissioner Adcock
asked is there had been any studies to see how much more need there was.
Mr. Malone indicated he was not aware of any studies of that nature. There was
discussion about that being a ‘market’ driven issue and that companies would do
studies of their own to assure there was a need. Commissioner Yates asked
what the intensity change was. Mr. Malone indicated approximately a dozen
units per acre.
For a complete minute record see item 3.1: Z-8301-A. The applicant presented
some information. Mr. Gary Garrett representing the property owner to the west
asked that the Commission not change the Land Use plan. He reminded the
Commission the area had just be changed to Low Density Residential and asked
that this not be changed. He reviewed the Staff anaylsis for that application (six
months ago) and stated that nothing has changed in the last six months to justify
a change. He asked that the Commission ‘stick’ with the Plan. There was
additional discussion about the related zoning.
Mr. Joe White, representing the applicant returned and indicated that the
applicant was willing to modify the zoning request to MF-12 with a 100-foot buffer
along the west. Mr. Malone was asked if this would require a Plan amendment.
He indicated that Staff does not usually require a Plan change from Low Density
Residential for an MF-12 zoning request. With this the applicant requested the
Land Use Plan Amendment be withdrawn. By a vote of 10 for 0 against the item
was approved for withdrawal.
October 2, 2008
ITEM NO.: C (Cont.) FILE NO.: LU08-20-02
5
STAFF UPDATE:
After the hearing on August 21, several points were made about the definitions of
Low Density Residential and MF-12. Because of the stated density in the Land
Use category and that in the zoning classification, Staff believes that it would be
appropriate to amend the Land Use Plan when a rezoning is to a density greater
than that stated in the Land Use classification. Even though the Land Use Plan
is supposed to be general in nature and used only as a guide for making zoning
decisions, there should be a decision made as to whether a change is
appropriate in this case. For this reason Staff is bringing the Land Use Plan
amendment back to the Planning Commission for a decision by the Commission
on the appropriateness of changing the Land Use Plan from Low Density
Residential to Multifamily.
Staff recommended approval at the August 21, 2008 hearing of the change from
Low Density Residential to Multifamily. Staff continues to recommend approval
of the Land Use Plan amendment.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Walter Malone, Planning Staff explained that after further review staff now
believes that the Commission should take action on this item. Mr. Malone
reminded the Commission that Staff supported the change and some of the
reasons for that support. He also reminded the Commission of the related zoning
request and that the Commission had approved the MF-12 zoning request.
Mr. Joe White representing the applicant reminded the Commission of the
approved zoning and indicated he would respond after any opposed spoke.
Mr. Gary Garrett representing the property owner to the west reminded the
Commission that they had just changed the area to Low Density Residential.
The reasons for this change have not changed – a good buffer, more housing
options. No information has been given as to why a change in density should be
granted. The application changed at the last meeting from MF-18 to MF-12 as
the right use. This land has changed from R-2 to Low Density Residential (LDR)
to Multifamily to MF-18 to MF-12; the applicant is just trying to maximize their
return on their land. While they should be able to make money, the effect on
others should be considered.
Multi-family 18 by definition should abut a Collector or Arterial Street, not future
streets that do not exist now. Nothing has changed since the City changed
the Plan to LDR. Are we going to make a change every few months on this
property? Lets look at the land when the roads are in and there is a ‘real’ project
and design.
October 2, 2008
ITEM NO.: C (Cont.) FILE NO.: LU08-20-02
6
Mr. White returned to speak. At the last meeting the applicant reduced the
zoning from MF-18 to MF-12 and added a one hundred foot buffer along the west
boundary. This is not spot land use; it is classic design with commercial and
office at the intersection then multifamily and followed by single-family use.
Valley Ranch Drive is a Collector even though not shown on the Master Street
Plan and will extend along this application area. MF-6 and Mf-12 is Low Density
Residential while MF18 and MF-24 is Multifamily. Low Density Residential
should be defined to go to 12 units per acre. The applicant intends to be a good
neighborhood with the owner to the west.
There were some questions about – the definitions and what would happen if the
Land Use failed since the zoning had been approved. Cindy Dawson, City
Attorney indicated the zoning would move forward. A motion was made to
approve the Plan change to Multifamily. By a vote of 9 for 0 against and one
abstention the request was approved.
October 2, 2008
ITEM NO.: 1 FILE NO.: MSP08-02
Name: Master Street Plan Amendment reducing the classification of Frazier
Pike and increasing the classification of Thibault Road
Location: Frazier Pike and Thibault Road south of the Little Rock Port
Request: To remove Frazier Pike from Fourche Dam Pike to Thibault and
change Thibault from a Collector to a Minor Arterial from Fourche
Dam Pike to Frazier Pike
Source: Welspun and the City of Little Rock
PROPOSAL / REQUEST:
The request is to re-align the Arterial designation from Frazier Pike to Thibault
Road between Fourche Dam Pike and the intersection of these two roads, and to
remove this portion of Frazier Pike from the Master Street Plan. Currently
Thibault is classified as a Collector and Frazier Pike is classified as a Minor
Arterial.
CURRENT MASTER STREET PLAN:
Frazier Pike is shown as a Minor Arterial and Thibault is shown as a Collector. A
Collector provides connections from neighborhoods to the Arterial network and
from large developments to the network. The Arterial network provides routes for
the movement of goods and people in and through the area.
FUTURE LAND USE PLAN:
The Land Use Plan shows the area for Industrial and Agricultural uses. The
Industrial use is generally from Thibault north and east. To the south and west of
Thibault are large areas shown for Agricultural use.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
There are no City recognized Neighborhood Action Plans that would be affected
by this amendment.
October 2, 2008
ITEM NO.: 1 (Cont.) FILE NO.: MSP08-02
2
ANALYSIS:
Frazier Pike is the ‘old’ road serving this section of Pulaski County. Frazier Pike
starts at Roosevelt Road in the eastern industrial areas of Little Rock, near the
Airport and moves to the south and east through first College Station and then
the southern part of the Little Rock Port industrial area and on south paralleling
the Arkansas River. Frazier Pike continues south then turns west to Wrightsville.
With the development of the Little Rock Port and I-440, the primary connection
from the south is no longer through College Station and on to Little Rock at
Roosevelt Road, but rather up Fourche Dam Pike to I-440. This leg of Fourche
Dam Pike has the classification of a Minor Arterial. Frazier Pike has no direct
access to the freeway.
The County has recently made improvements to Thibault Road that made the
road a similar driving surface to that of Frazier Pike. The County Planner has
indicated that the County’s new Master Street Plan already approved by the
County Planning Commission calls for Thibault to be a ‘Principal’ Arterial with a
right-of-way of 120 feet. Thibault (nor Frazier Pike) Road is currently not built to
this standard. Nor is Thibault Road currently built to City of Little Rock Master
Street Plan standard for a road of its classification.
Both Thibault Road and this portion of Frazier Pike provide a similar movement
from a Master Street Plan perspective. The Public Works staff of the City has
indicated they have no problem with the closure and removal of Frazier Pike.
However, they have indicated that Thibault should be a Minor Arterial to serve
the need of moving goods and people from south of Little Rock north into and
through the City.
The area to the north of this application is the Little Rock Port Industrial park.
Industrial uses have been moving to the south along Zeuber Road (outside the
City) in recent years. A new large industrial plant has just been approved in this
area south of Zeuber Road. At such time as the existing lands, mostly
agricultural, convert to industrial uses the additional right-of-way and street
improvements can be obtained. Until this time the existing roadway serves the
function of an Arterial moving traffic through this portion of Little Rock and
Pulaski County.
With the existing development pattern and the freeway connections, Thibault
Road provides as good connection and access to the south as this leg of Frazier
Pike. Thibault is further from the Arkansas River and thus provides the possible
of loading the road from both sides more equally. The recent improvements to
Thibault Road made by the County produced on road such that the ‘driving
public’ will have as good a road as they now have with Frazier Pike. From a
transportation standpoint the alternative alignment works as well and has a few
advantages to the current alignment.
October 2, 2008
ITEM NO.: 1 (Cont.) FILE NO.: MSP08-02
3
NEIGHBORHOOD COMMENTS:
There are thirty (30) property owners adjacent to the roads affected by this
amendment; certified letters were mailed to each property owner. The Little
Rock Port Authority was notified of the proposed change. Staff has received one
informational phone call on this item.
STAFF RECOMMENDATIONS:
Approval
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Walter Malone, Planning Staff, reviewed the area. Mr. Malone indicated that the
County Planner reported on the County Master Street Plan, Thibault Road is
shown as an Arterial with a 120-foot right-of-way. This amendment would
change the City Classification to a Minor Arterial with a 90-foot right-of-way.
Neither road (Frazier Pike and Thibault Road) is currently built to standard,
Collector or Arterial. Thibault Road has been improved some in recent months.
But both roads remain two-lane roads with little to no shoulder. By moving the
Arterial, it aligns better with the Interstate interchange and would be more
centered within the area it services. Mr. Monte Moore of the Planning Staff
presented the related item: G-23-403, R-O-W abandonment of a portion of
Frazier Pike. (See item 1.1 G2-403, for a full minutes). Several individuals
spoke in opposition to the abandonment.
A motion was made to approve the Master Street Plan amendment to relocate
the Minor Arterial classification for Frazier Pike to Thibault Road. By a vote of
10 for and 0 against the amendment was approved.
October 2, 2008
ITEM NO.: 1.1 FILE NO.: G-23-403
Name: Frazier Pike – Right-of-Way Abandonment
Location: Between Birdwood Road and Thibault Road
Owner/Applicant: City of Little Rock
Request: The request is to abandon approximately 5,272 lineal feet of
the sixty (60) feet wide Frazier Pike right-of-way, located
between Birdwood Road and Thibault Road, beginning
approximately 1,200 feet south of Birdwood Road running
south to Thibault Road.
Purpose: After abandonment, the area of right-of-way will be
incorporated into the future Welspun Tubular LLC
development.
STAFF REVIEW :
A. Public Need for this Right-of-Way:
As noted in paragraph G., none of the public utility companies object to the
abandonment request. Several of the utilities request part of the area of abandonment
be retained as easement. The Public Works Department has no objection to the
proposed abandonment.
B. Master Street Plan:
Frazier Pike is currently designated as a minor arterial by the City’s Master Street
Plan. There is a proposed Master Street Plan amendment (MSP08-02) on this agenda
to downgrade this section of Frazier Pike to a local street, shifting the minor arterial
designation to Thibault Road, from Fourche Dam Pike to Frazier Pike. Thibault Road,
from Fourche Dam Pike to Frazier Pike, has approximately twenty-two (22) feet of
pavement and was constructed as a striped two-lane roadway with no curb and gutter.
There are open ditches on both sides of this roadway. Thibault Road is currently
shown on the County’s Master Street Plan as a principal arterial.
C. Characteristics of Right-of-Way Terrain:
This section of Frazier Pike currently has approximately twenty (20) feet of pavement
with no curb and gutter. There are open ditches on both sides of the street.
October 2, 2008
ITEM NO.: 1.1 (Cont.) FILE NO.: G-23-403
2
D. Development Potential:
After abandonment, the area of right-of-way will be incorporated into the adjacent
property to the east and west for future industrial development. It will be utilized as a
private access drive to the Welspun Tubular facilities.
E. Neighborhood and Land Use Effect:
All property adjacent to the proposed abandonment is undeveloped and zoned I-3. A
Little Rock Wastewater facility is located to the east, accessed from Birdwood Road.
New Welspun Tubular facilities are being developed to the east, with a private access
drive from Frazier Pike.
F. Neighborhood Position:
There is no neighborhood association in this area which required notification. As of
this writing, staff knows of no objectors to the abandonment request.
G. Effect on Public Services or Utilities:
Wastewater: No objection to abandonment. No easements required.
Entergy: No objection to abandonment. Retain fifteen (15) feet of right-of-way from
Thibault Road north to existing Entergy line.
Centerpoint Energy: No objection to abandonment.
AT&T (SBC): No objection to abandonment. Retain ten (10) foot easement, five (5)
feet on either side of existing cable.
Water: No objection to abandonment. Retain north one hundred fifty (150) lineal feet
of right-of-way as a utility easement.
H. Reversionary Rights:
According to an abstract company, no reversionary rights were found filed of record in
the Records of Pulaski County, Arkansas. After abandonment, the area of right-of-way
will be divided equally between the adjacent property owner (City of Little Rock) to the
east and west.
I. Public Welfare and Safety Issues:
Abandoning this section of Frazier Pike will have no adverse impact on the public
welfare and safety. The Little Rock Fire Department has expressed no objection to the
abandonment request.
October 2, 2008
ITEM NO.: 1.1 (Cont.) FILE NO.: G-23-403
3
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 11, 2008)
Staff presented the item to the Committee, noting the area of Frazier Pike proposed for
abandonment. Staff also explained the proposed Master Street Plan amendment for Frazier
Pike and Thibault Road. Staff noted that the area of abandonment would be retained as a
utility easement. After the discussion, the Committee forwarded the issue to the full
Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the requested right-of-way abandonment, subject to retaining
the entire area of right-of-way as a utility and drainage easement.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Adam Crow and Rajesh Chokhani were present, representing the application. There were
four (4) persons present in opposition. Staff presented the item with a recommendation of
approval.
Adam Crow addressed the Commission in support of the application. He stated that he
would make further comments after the opposition spoke.
Rickey Thomas addressed the Commission in opposition. He explained that Thibault Road
would not carry the traffic of large equipment and trucks that Frazier Pike carries.
Patricia Alison also spoke in opposition. She noted that there was a petition of opposition.
She stated that the County did improve Thibault Road, but there were several large trees
close to the roadway. She noted that Thibault Road was not constructed to handle the traffic
in the area.
Perry Patterson also spoke in opposition. He discussed the Welspun property and who
owned the property.
Patricia Alison spoke against the application on behalf of Tracy Allen. She explained that
Ms. Allen had an access easement from Thibault Road to her property.
Rajesh Chokhani, of Welspun Tubular, addressed the Commission in support of the
application. He explained that safety was the first priority of Welspun. He explained why the
Welspun facilities are being developed as they are. He noted that there would be numerous
trips per day by large trucks to the Welspun facilities along Frazier Pike. Adam Crow also
made comments in support of the application.
October 2, 2008
ITEM NO.: 1.1 (Cont.) FILE NO.: G-23-403
4
Commissioner Laha asked about the South Loop with relation to the area. Walter Malone, of
the Planning Staff, briefly discussed the issue. He also discussed the current condition of
Thibault Road.
There was a motion to approve the Master Street Plan Amendment (MSP08-02). The motion
passed by a vote of 10 ayes, 0 nays and 1 absent.
There was a second motion to approve the right-of-way abandonment, as recommended by
staff. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The right-of-way
abandonment was approved.
October 2, 2008
ITEM NO.: 2 FILE NO.: Z-8396
NAME: Jones Day Care Family Home – Special Use Permit
LOCATION: 4 Bjorn Borg Court
OWNER: Ervin and Tarkeisher Jones
APPLICANT: Tarkeisher Jones
PROPOSAL: A Special Use Permit is requested to allow a Day
Care Family Home to be operated in the single-family
residence located on the R-2 zoned property at
4 Bjorn Borg Court.
A. Public Notification:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the Otter Creek Homeowners
Association and SWLR United for Progress were notified of the public
hearing.
B. Public Works Issues: No Comments.
C. Staff Analysis:
4 Bjorn Borg Court is located on the west side of Bjorn Borg Court, south
of Wimbledon Loop. All adjacent properties are zoned R-2 and contain
single family residences. The Otter Creek Elementary School campus is
located over 300 feet to the south.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the area. The applicant notes that the fenced rear yard
will be used for play area. The applicant proposes to operate a day care
family home from 6:45 a.m. to 5:30 p.m., Monday through Friday. The
applicant has noted that she may have one (1) employee if required by the
State.
There is a two-car wide driveway from Bjorn Borg Court along the east
property line, with parking for four (4) vehicles. Staff believes this parking
will be adequate to serve the day care family home. On inspection of the
property, staff observed no vehicles parked on unpaved areas and no
non-operational vehicles.
October 2, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-8396
2
There is currently no day care use taking place on the property. The
applicant is in the process of being licensed by the State for up to ten (10)
children.
The principal use of the property will remain single family residential. No
signage beyond that allowed in single-family zones will be permitted. The
applicant submitted a copy of the Bill of Assurance for this neighborhood,
which was recorded in 1974 and contains the following language with
respect to land use.
“1. Use of Land. None of the lots defined as “Low
Density Residential” may be improved, used or occupied for
other than private residence purposes, and no duplex, flat,
apartment or condominium, although intended for residence
purposes, may be erected or maintained thereon.
The tracts of land designated on the plat of Otter
Creek Community, Phase 1 as Reserved shall be used in
accordance with regulations of the City of Little Rock and
Pulaski County, Arkansas.”
“7. Commercial Structures. No building or structure
of any sort may ever be placed, erected or used for
business, professional, trade or commercial purposes on any
portion of any lot. This prohibition shall not apply to any
business or structures that may be placed on any lot or
portion of a lot that is used exclusively by a public utility
company in connection with the furnishing of public utility
service to Otter Creek Community,
Phase 1.”
According to Section 36-54(e)(3) of the City’s Zoning Ordinance, the site
and location criteria for Day Care Family Homes are as follows:
Day Care Family Home:
a. This use may be located only in a single-family home, occupied by the
caregiver and which is the full time residence of the caregiver.
b. Must be operated within licensing procedures established by the State
of Arkansas. State regulations shall control the number of employees
residing off premises.
c. The use is limited to ten (10) children including the caregivers.
October 2, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-8396
3
d. The minimum to qualify for special use permit is six (6) children from
households other than the caregivers.
e. This use must obtain a special use permit in all districts where day
care centers are not allowed by right.
f. After the effective date of this subsection, no Special Use Permit will
be approved for a day care family home proposed to be located within
300 feet of a licensed day care center or an operating day care family
home for which a Special Use Permit has previously been approved.
For the purposes of this subsection, the distance between properties
shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line.
g. All day care family homes located in the City of Little Rock are required
to obtain a City of Little Rock business license and to pay an annual
business tax as specified in Chapter 17 of the Code.
h. A copy of the day care family home’s current State of Arkansas license
must be submitted to the City Collector’s office each year at the time of
payment of the annual business tax.
i. All vehicles must be parked on an on-site paved surface.
j. All vehicles located on the site must be operational.
k. All pick-up and drop-off of children shall be on the property’s driveway
and not on the public right-of-way unless otherwise approved by the
Planning Commission.
l. Special Use Permits for day care family homes shall be reviewed by
staff every three (3) years for compliance with the development criteria
and Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed
day care family home.
Section 36-54(d) is as follows:
(d) Transfer of permits. Special use permits shall not be transferable in
any manner. Permits cannot be passed (from) owner to owner, location to
location or use to use.
October 2, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-8396
4
To staff’s knowledge, there are no outstanding issue associated with this
application. Staff feels that the proposed day care family home at this
location will have no adverse impact on the general area. Based on
information provided by the State, there are no permitted/licensed day
care family homes or day care centers within 300 feet of the site.
D. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 11, 2008)
Tarkeisher Jones was present, representing the application. Staff
presented the item with a brief description of the proposed day care use.
In response to a question from staff, Ms. Jones noted that the proposed
hours of operation will be 6:45 a.m. to 5:30 p.m., Monday through Friday.
The Bill of Assurance for the neighborhood was discussed. Ms. Jones
noted that the neighbors she had talked to had expressed no opposition to
her proposed day care family home. Staff noted that some additional
information was needed from Ms. Jones. Ms. Jones stated that it would
be provided in writing to staff. After the discussion, the Committee
forwarded the issue to the full Commission for final action.
E. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 4 Bjorn Borg Court, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to
day-light hours.
4. No portion of the front yard area shall be used as a play area.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Tarkeisher Jones was present, representing the application. There were four (4)
persons present in opposition. Staff presented the application with a
recommendation of approval.
Tarkeisher Jones addressed the Commission in support of the application.
Commissioner Nunnley asked how long she had been a resident at 4 Bjorn Borg
Court. Ms. Jones indicated that she had been a resident for five (5) years.
October 2, 2008
ITEM NO: 2 (Cont.) FILE NO.: Z-8396
5
Rick Millard addressed the Commission in opposition. He expressed parking and
safety concerns with the proposed day care family home. He noted that the
proposed day care use would be a violation of the neighborhood’s bill of
assurance.
Don Shellabarger also spoke in opposition. He noted that he had been an Otter
Creek resident since 1982. He briefly discussed the bill of assurance issue.
Bret Curry, of the Otter Creek Homeowners Association, also spoke in
opposition. He explained that there was existing commercial property outside the
single-family area of Otter Creek where a day care use could be located. He
discussed the bill of assurance issue. He stated that the neighborhood
association would file a lawsuit if the Planning Commission approved the day
care family home.
Ms. Jones explained that she only wished to care for six (6) children. She stated
that the Otter Creek Women’s Club had a business expo in the neighborhood each
year. She noted that several other residents of Otter Creek had home-based
businesses.
Ruth Bell, of the League of Women Voters, addressed the Commission in
support of the application. She noted that home occupations were supported by
the City and explained.
Commissioner Rector noted that the applicant only wanted to care for six (6)
children. Ms. Jones noted that she would only care for six (6) children, but would
like the option to keep up to 10 at a later date.
Commissioner Laha made comments related to home occupation and why they
are located in residential areas. He stated that he would vote to uphold the
neighborhood’s bill of assurance. Mr. Curry explained the women’s club expo
that occurred each year.
There was a motion to approve the application as recommended by staff. The
motion failed by a vote of 5 ayes, 5 nays and 1 absent. The application was
denied.
October 2, 2008
ITEM NO.: 3 FILE NO.: LU08-15-01
Name: Land Use Plan Amendment - Geyer Springs West Planning District
Location: North of I-30, west of Geyer Springs Road
Request: Industrial to Commercial
Source: Newman McGee
PROPOSAL / REQUEST:
A Land Use Plan amendment in the Geyer Springs West Planning District from
Industrial to Commercial. Commercial represents services that include a broad
range of retail and wholesale sales of products, personal and professional
services and general business activities.
EXISTING LAND USE AND ZONING:
The property is currently zoned I-2 Light Industrial District. This site was used as
a Professor Bowl for many years and is currently vacant. There is a small
abandoned house on the northwest corner of this lot. A small portion of the
applicant’s property is currently zoned R-2 Single Family. This portion is paved
and vacant. It is approximately four acres in size. Interstate 30 is immediately to
the south and is zoned R-2. Most of the surrounding properties to the north, west
and east are zoned I-2. Immediately west is Flexion Industrial, to the north is
office/warehouse building and WES Electric Supply. East of this site is zoned I-2
but has a non conforming single family residence on the property.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
This area is shown as Industrial on the Future Land Use Plan. Industrial is
shown to the north, west and east of this site. Further east and along Geyer
Springs is shown as Commercial. To the south is buffered by Interstate 30, but
Multi Family, Light Industrial and Commercial are shown on the south side of the
interstate.
August 6, 2007, the southeast corner of Interstate 30 and University Avenue was
amendmended from Multi Family to Light Industrial for a future development.
May 16, 2006, Ordinance 19532 amended the Land Use Plan about a half-mile
southeast of this site. It was amended to Public Institutional from Commercial as
part of a large-scale revision of the 65th Street East District to recognize an
existing condition.
October 2, 2008
ITEM NO.: 3 (Cont.) FILE NO.: LU08-15-01
2
MASTER STREET PLAN:
This application has frontage on Interstate 30 and on Young Road. Young Road
is shown as a Collector. The primary function of a Collector Street is to provide a
connection from Local Streets to Arterials. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
BICYCLE PLAN:
A Class III bike route is shown along Young Road. A Class III bikeway is a
signed route on a street shared with traffic. No additional paving or right-of-way
is required. Class III bicycle route signage may be required.
PARKS:
According to the Master Parks Plan, this location is within eight blocks (and less
than one mile) from Ottenheimer Park in Cloverdale Subdivision and Wakefield
Park to the east.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
This area is covered by the Geyer Springs/Wakefield Neighborhood Plan. The
Zoning and Future Land Use goal states: “Utilize existing buildings before
developing new commercial areas.” The plan does not address the industrial
area of the neighborhood.
ANALYSIS:
The area bounded by 65th Street on the north, Geyer Springs on the east,
University on the west and I-30 on the south has been an industrial area for
decades. The majority of the land in this area is shown as Industrial on the future
land use plan and is still being used for that purpose. This application is seeking
to amend a small portion of this Industrial along Young Road/I-30 from Industrial
to Commercial. The site was previously used as a non-conforming commercial
use for a Professor Bowl bowling alley. This has been the only truly commercial
use along Young Road on the west side of Geyer Springs. Most of the
commercial uses in this area are along Geyer Springs Road. There are more
than 30 acres of Commercial shown on the Future Land Use Plan along Geyer
October 2, 2008
ITEM NO.: 3 (Cont.) FILE NO.: LU08-15-01
3
Springs Road and much of this land could be redeveloped for this type of use.
By contrast, this application area is surrounded by approximately 150 acres of
industrial park uses. The application area could easily be developed for an
industrial use without a change in zoning or the land use plan.
This area was reviewed by the Geyer Springs and Wakefield Neighborhood
Action Plan in 2006. The neighborhood reviewed the future land use plan for this
area and did not request any changes for this portion of the neighborhood. Staff
believes commercial uses should be confined to the major arterials like Geyer
Springs, University and 65th Street with industrial types of uses beyond these
roads. While there is quite a large section of Industrial shown in this area, there
are very few vacant buildings available for industrial uses. Over the years, many
of the commercial uses in this area have left, but this industrial area has stayed
constant and needs to be preserved. There is vacant Commercial land on the
south side of Interstate 30 that is undeveloped and would be more suitable.
There is also quite a bit of Commercial land along Geyer Springs Road that could
be developed for this type of use. Young Road serves the industrial uses on the
north side of I-30. The traffic created in industrial areas is mostly made up of
large trucks. This is very different than the typical traffic created by a retail use,
which is reason to keep the industrial and commercial areas separate.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Cloverdale,
Windamere, Wakefield and Southwest Little Rock United for Progress. Staff has
received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The item was placed on consent agenda for deferral to the November 13, 2008
hearing. By a vote of 10 for and 0 against the consent agenda was approved.
October 2, 2008
ITEM NO.: 3.1 FILE NO.: Z-2725-A
Owner: Rick Thone Investments, LLC
Applicant: Newman McGee
Location: 8624 Interstate 30
Area: 3.55 Acres
Request: Rezone from I-2 to C-3
Purpose: Amusement Center (bar, food, amusement
machines, pool, live/recorded music with dance
floor and bingo)
Existing Use: Vacant commercial building
SURROUNDING LAND USE AND ZONING
North – Mixed light industrial uses (across Young Road); zoned I-2
South – Apartment complex (across I-30); zoned I-2
East – Vacant single family residence and undeveloped property;
zoned I-2
West – Mixed light industrial uses; zoned I-2
A. PUBLIC WORKS COMMENTS:
1. Young Road is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be
required.
2. Obtain a franchise agreement from Public Works (Bennie Nicolo,
371-4818) for the private improvements located in the right-of-way.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. Routes #17 (Mabelvale -
Downtown Route) and #17A (Mabelvale – UALR Route) run along
Geyer Springs Road to the east.
October 2, 2008
ITEM NO: 3.1 (Cont.) FILE NO.: Z-2725-A
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Wakefield, Cloverdale,
Windamere and SWLR United for Progress Neighborhood Associations
were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs West Planning District. The
Land Use Plan shows Industrial for this property. The applicant has
applied for a rezoning from I-2 Light Industrial to C-3 General Commercial.
A Land Use Plan amendment is a separate item on this agenda
(LU08-15-01).
Master Street Plan:
This application has frontage on Interstate 30 and on Young Road. Young
Road is shown as a Collector. The primary function of a Collector Street is
to provide a connection from Local Streets to Arterials. These streets may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan:
A Class III bike route is shown along Young Road. A Class III bikeway is
a signed route on a street shared with traffic. No additional paving or
right-of-way is required. Class III bicycle route signage may be required.
Neighborhood Action Plan:
This area is covered by the Geyer Springs/Wakefield Neighborhood Plan.
The Zoning and Future Land Use goal states: “Utilize existing buildings
before developing new commercial areas.”
E. STAFF ANALYSIS:
Rick Thone Investments LLC, owner of the 3.55-acre property located at
8624 Interstate 30, is requesting to rezone the property from “I-2” Light
Industrial District to “C-3” General Commercial District. The property is
located along the north side of I-30, west of Geyer Springs Road. The
property backs up to Young Road. The rezoning is proposed to allow
operation of an “amusement center” within the existing commercial
building located on the property.
October 2, 2008
ITEM NO: 3.1 (Cont.) FILE NO.: Z-2725-A
3
There is a one-story vacant commercial building located within the east
half of the property. The building was previously used as a bowling
facility. There is paved parking on the east and west sides of the building,
with a paved driveway on the building’s south side. A service drive is
located along the north side of the building. Access drives are located
along I-30 and Young Road. There is a billboard at the southeast corner
of the property and a vacant single family residential structure at the
northwest corner of the tract.
There is a mixture of uses in this general area. Mixed light industrial uses
are located on the I-2 zoned property to the north (across Young Road)
and west. A vacant single family structure is located on the I-2 zoned
property to the east. An apartment complex and undeveloped property
are located across I-30 to the south.
The City’s Future Land Use Plan designates this property as Industrial. A
Land Use Plan amendment application for a change to commercial (LU08-
15-01) is a separate item on this agenda.
Staff does not support the rezoning of this property to C-3 or the Land Use
Plan amendment to Commercial. Staff feels that the requested C-3
zoning of this property will not be compatible with the general area. The
adjacent properties north, east and west of this property are zoned I-2 and
shown as Industrial on the Future Land Use Plan. There are existing light
industrial developments to the north and west. Staff believes the I-2
zoning of this property should remain. Although the property has a past
use as a bowling facility (nonconforming use), staff believes this property
would be best redeveloped for an office/warehouse or similar type facility,
either by itself or in conjunction with the I-2 zoned property immediately to
the east.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Staff informed the Commission that the applicant submitted a letter to staff on
October 1, 2008 requesting the application be deferred to the November 13,
2008 agenda. Staff supported the deferral request.
With a vote of 7 ayes, 3 nays and 1 absent, the Commission voted to waive their
bylaws and accept the request to defer being less than five (5) business days
prior to the public hearing.
October 2, 2008
ITEM NO: 3.1 (Cont.) FILE NO.: Z-2725-A
4
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 13, 2008 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
October 2, 2008
ITEM NO.: 4 FILE NO.: Z-8395
Owner: Troy Burns
Applicant: Rick Nagel
Location: 6723 Colonel Glenn Road
Area: 4.14 Acres
Request: Rezone from C-3 to C-4
Purpose: Auto and auto parts sales
Existing Use: Office – Showroom/Warehouse
SURROUNDING LAND USE AND ZONING
North – Mixed commercial uses (across Colonel Glenn Road); zoned C-3
South – Undeveloped property (creek); zoned PR
East – Auto salvage yard; zoned C-3 and C-4
West – Auto salvage yard; zoned C-3 and C-4
A. PUBLIC WORKS COMMENTS:
1. Colonel Glenn Road is classified on the Master Street Plan as a
principal arterial. Dedication of right-of-way to 55 feet from centerline
will be required.
2. The property is within the 100 year floodplain, zone AE. If existing
structures are substantially improved or the cost of the improvements
are 50% or more of the appraised value of the structures, then the
structures must be improved to comply with the current floodplain
regulations. The lowest finished floor will be required to be elevated
1 ft. above the base flood elevation.
3. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a
25-foot wide access easement is required adjacent to the floodway
boundary.
4. The southern portion of the property shows to be within the regulatory
floodway. A portion of the southern building appears to be in the
floodway. If any part of a structure is located in the floodway, then the
October 2, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8395
2
entire structure is considered to be in the floodway. The floodway
cannot be encroached with fill, structures, or parking. If existing
structures are substantially improved or the cost of the improvements
are 50% or more of the appraised value of the structures, then the
structures must be removed to comply with the current floodplain
regulations.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Routes #14 (Rosedale route) and #21
(University Avenue route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the John Barrow, Westwood,
College Terrace and SWLR United for Progress Neighborhood
Associations were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Boyle Park Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a
rezoning from C-3 General Commercial to C-4 Open Display District.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Colonel Glenn Road is shown as a Principal Arterial. The primary function
of a Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Colonel Glenn since it is a Principal Arterial. This street may require
dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan:
A Class I is shown to the south of this property. A Class I bikeway is built
separate from or alongside a road. Additional paving and right-of-way
may be required.
October 2, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8395
3
Neighborhood Action Plan:
The Westwood Pecan Lake Neighborhood Plan covers this area, but it
does not address this issue.
E. STAFF ANALYSIS:
Troy Burns, owner of the 4.14-acre property located at 6723 Colonel
Glenn Road, is requesting to rezone the property from “C-3” General
Commercial District to “C-4” Open Display District. The property is located
on the south side of Colonel Glenn Road, between University Avenue and
S. Bryant Street. The rezoning is proposed to allow use of the property for
auto and auto parts sales.
There is a one-story commercial building located near the northeast
corner of the property. A driveway from Colonel Glenn Road is located at
the northwest corner of the property, with paved parking on the north side
of the building. The rear (south) portion of the property is undeveloped.
The property is located approximately six (6) feet below the grade of
Colonel Glenn Road.
The general area contains a mixture of uses and zoning. Mixed
commercial/restaurant uses are located to the north, across Colonel Glenn
Road. An auto salvage yard is located immediately to the east, with other
commercial uses further east. An auto salvage yard is also located
immediately to the west. Undeveloped PR zoned property is located to
the south.
The City’s Future Land Use Plan designates this property as Commercial.
The requested C-4 zoning does not require an amendment to the Land
Use Plan.
Staff is supportive of the requested C-4 rezoning. Staff views the request
as reasonable. The requested C-4 zoning will be compatible with the
general area. There is existing C-4 zoning east and west of the site, with
auto salvage yards located on the adjacent properties to the east and
west. Additionally, there is a mixture of commercial uses north, across
Colonel Glenn Road, and further east and west. As noted previously, the
City’s Land Use Plan designates this property as Commercial, which
supports the requested C-4 zoning. Staff believes the rezoning is
appropriate and will have no adverse impact on the adjacent properties or
the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
October 2, 2008
ITEM NO: 4 (Cont.) FILE NO.: Z-8395
4
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
Staff informed the Commission that the application needed to be deferred to
the November 13, 2008 agenda based on the fact the applicant failed to
complete notification to surrounding property owners as required.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the November 13, 2008 agenda. A motion to
that effect was made. The motion passed by a vote of 10 ayes, 0 nays and
1 absent.
October 2, 2008
ITEM NO.: 5 FILE NO.: Z-3371-AA
NAME: Crain Automobile Dealership – Conditional Use
Permit and Land Alteration Variance; Lot 13, Village
at Brodie Creek
LOCATION: Northeast corner of Colonel Glenn Road and Brodie
Creek Blvd.
OWNER/APPLICANT: CGBRD1, LLC/White-Daters
PROPOSAL: A conditional use permit is requested to allow an
automobile dealership on this undeveloped 6.5+ acre
site. A variance from the land alteration ordinance is
requested to allow advance grading of a larger area of
the overall C-2 zoned subdivision around the site.
1. SITE LOCATION:
The property is located on the north side of Colonel Glenn Road, west of
I-430, at the north end of Brodie Creek Blvd.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the developing commercial node around the
Colonel Glenn/I-430 interchange. Many newer commercial businesses
have developed in the immediate area, including several automobile sales
businesses. The area immediately around the site is currently
undeveloped. The proposed use is compatible with uses in the area.
All owners of properties located within 200 feet of the site, any residents
within 300 feet who could be identified and the SWLR United for Progress
and John Barrow Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site proposed to take access via two driveways off of Brodie Creek
Blvd. The car lot will contain a total of 554 parking spaces to be divided
between customer parking, display area and service parking. The sales
lot provides more than enough spaces to serve customers, employees
and inventory.
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
2
4. SCREENING AND BUFFERS:
Site plan must comply with the City’s Landscape and Buffer ordinance
requirements.
A thirty (30) foot buffer is required abutting the Interstate right-of-way. The
City Beautiful Commission recommends preserving all trees with a DBH of
four (4) inch or greater in this buffer.
All interior islands must be a minimum of three-hundred (300’) square foot
in area to be given credit towards meeting the minimal landscape
ordinance requirements. These islands are to be evenly distributed
throughout the site; currently, they are not.
An automatic irrigation system to water the landscaped areas is required.
Prior to the issuance of a building permit a landscape plan must be
approved and must obtain the seal of a licensed Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered 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. Brodie Creek Cove and Brodie Creek Boulevard are classified on the
Master Street Plan as commercial streets. A dedication of right-of-
way of sixty (60) feet will be required.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to Brodie
Creek Cove and Brodie Creek Boulevard including 5-foot sidewalks
with planned development.
3. All previous street improvement conditions from the preliminary plat
approval apply if not changed by this application.
4. A grading permit in accordance with Section 29-186 (c) & (d) will be
required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of construction.
5. Per Section 29-190,h.(14), a perimeter buffer strip shall be
temporarily maintained around disturbed areas for erosion control
purposes and shall be kept undisturbed except for reasonable access
for maintenance. The width of the strip shall be six (6) % of the lot
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
3
width and depth. The minimum width shall be twenty-five (25) feet
and the maximum shall be forty (40) feet. In no event shall these
temporary strips be less than the width of the permanent buffers
required for the development.
6. The previous land alteration variance for advance grading was
approved to allow advance grading to begin when building permits
were issued for construction of 2 buildings within the development.
When is the applicant requesting to begin advanced grading?
7. Provide a sketch grading and drainage plan per Section 29-186(e).
Provide elevations of any retaining walls or slopes if grading has
changed since the preliminary plat approval.
8. If disturbed area is one or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior
to the start of construction.
9. In accordance with Section 31-176, floodway areas must be shown
as floodway easements or be dedicated to the public. In addition, a
twenty-five (25) foot wide access easement is required adjacent to
the floodway boundary. Encroachments including fill are not allowed
in the floodway.
10. A special Grading Permit for Flood Hazard areas will be required per
Section 8-283 prior to construction.
11. Street Improvement plans shall include signage and striping. Traffic
Engineering must approve completed plans prior to construction.
12. Plans of all work in right-of-way shall be submitted for approval prior
to start of work. Obtain barricade permit prior to doing any work in
the right-of-way from Traffic Engineering at (501) 379-1805 (Travis
Herbner).
13. Loading and off loading of vehicles is not allowed within the City
right-of-way.
14. Storm water detention ordinance applies to this property.
15. Per Section 29-189(d), groups of trees and individual trees that are
not to be removed or are located within required undisturbed buffer
areas shall be protected during construction by protective fencing
and shall not be used for material storage or for any other use.
16. Vegetation must be established on disturbed area within twenty-one
(21) days of completion of harvest activities.
17. Erosion controls must be installed to reduce discharge of polluted
storm water.
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
4
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer main extension required with easements.
Entergy: No comments received.
Centerpoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. A water main extension and
onsite fire protection will be required in order to provide service to this
property. Please submit plans for water facilities and fire protection
system to Central Arkansas Water for review. Plan revisions may be
required after additional review. Contact Central Arkansas Water
regarding procedures for installation of water facilities and/or fire
service. Approval of plans by the Arkansas Department of Health
Engineering Division and Little Rock Fire Department is required. Fire
sprinkler systems which do not contain additives such as antifreeze
shall be isolated with a double detector check valve assembly. If
additives are use, a reduced pressure zone backflow preventer shall
be required.
The facilities on-site will be private. When meters are planned off
private lines, private facilities shall be installed to Central Arkansas
Water’s material and construction specifications and installation will be
inspected by an engineer, licensed to practice in the State of Arkansas.
Execution of Customer Owned Line Agreement is required. A Capital
Investment Charge based on the size of the meter connection(s) will
apply to this project in addition to normal charges. This fee will apply
to all meter connections including any metered connections off the
private fire system.
This development will have minor impact on the existing water
distribution system. Proposed water facilities will be sized to provide
adequate pressure and fire protection.
Fire Department: No comments received.
County Planning: No Comments.
CATA: This site is not located on a CATA bus route.
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
5
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 11, 2008)
Tim Daters was present representing the application. Staff presented the item
and noted additional information was needed on use mix, building height and
design, signage, fencing and lighting. Staff asked for information on the
proposed retaining wall. Staff requested the applicant provide a specific plan for
treatment of the 30-foot interstate buffer.
Public Works, Utility and Landscape Comments were discussed. Much of the
discussion focused on the requested land alteration variance. Staff noted this
request would result in less advanced grading of the overall site than was
allowed under a previously approved land alteration variance. During the
discussion, Mr. Daters stated the required perimeter buffer strip would be
maintained along the interstate frontage with the exception of the area of the lot
proposed for development for the automobile dealership. He stated the buffer
would be cleared and replanted in that area.
In response to a question, Mr. Daters stated the request was to do advance
grading in conjunction with the one building permit for this project. In response to
a question from the Committee, Mr. Daters stated the three previously approved
C.U.P.’s (Z-3371-X, Z-3371-Y and Z-3371-Z) would be revoked in conjunction
with this approval. Staff stated they would follow-up on that issue.
The Committee forwarded the item after advising the applicant to respond to staff
issues.
STAFF ANALYSIS:
A conditional use permit is requested to allow for construction of an automobile
sales business on this “C-2” zoned, 6.5+ acre site. The site is preliminary platted
as Lot 13, Village at Brodie Creek, a 14-lot “C-2” zoned subdivision located west
of I-430 and north of Colonel Glenn Road. On May 22, 2008, the Commission
approved conditional use permits to allow automobile sales businesses on Lots
9, 10 and 11 of this same development. The applicant has stated those three
C.U.P.’s will be revoked upon approval of this current application. The property
is heavily wooded with varying degrees of slope; falling as much as 60 feet from
the east to the west. Associated with this request are land alteration variances to
allow advance clearing of a portion of the overall site in conjunction with this
project and to allow terracing of a cut greater than 30 feet in height on the east
perimeter of this site.
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
6
The proposed development consists of a single building and associated
parking/vehicle display lots. The building will have an area of 31,700 square feet
and a height not to exceed 35 feet. Building materials will be masonry, EIFS and
decorative metal. The building will contain sales offices, showroom area and
service areas. No body work or painting are proposed. As with the previously
approved C.U.P’s, the days and hours of operation are anticipated to 6:00 a.m. –
midnight, 6 days a week. The facility will employ 70 to 100 persons.
The applicant submitted responses to issues raised at Subdivision Committee. A
6-foot tall black chain link fence will be erected around the 32 secured parking
spaces directly behind the building. No other fencing is proposed. A single
dumpster with screening has been shown on the site plan. A truck delivery route
has been shown in the parking lot /driveway in front of the building. No vehicle
unloading will occur in the public right-of-way. Signage will comply with that
allowed in commercial zones. Ground signage should be limited to the Brodie
Creek frontage. Large, shared development signs which will be visible from I-
430 were approved under the February 2008 preliminary plat and site plan
review. All lighting will be shielded and directed into the site.
In February 2008, the Commission approved a preliminary plat and land
alteration variance for the overall 80+ acre tract. The variance allowed for
advanced grading of 70± acres of the tract in conjunction with the issuance of
two building permits. There were areas shown for temporary buffers. The
applicant now requests advanced grading of approximately 35 acres of the
overall development in conjunction with the issuance of a building permit for this
automobile sales lot. Advance grading will allow for cutting in the road alignment
and leveling of this site without having to either haul in or haul off material. A
30-foot buffer will be maintained along the interstate frontage with the exception
of the area adjacent to Lot 13, the lot proposed for the automobile sales lot under
this C.U.P. Due to the slope of the property, the applicant is proposing to grade
within the 30-foot interstate buffer. The area will be terraced and sloped and
landscaping will be installed on the slopes and terraces. Staff is supportive of the
advanced grading request and the proposal to grade the interstate buffer directly
adjacent to Lot 13 and a portion of Lot 12. Lot 13 is located at the point where
the Colonel Glenn exit ramp comes off of Southbound I-430. A substantial,
wooded hill is located within the interstate right-of-way and adjacent to this lot,
greatly reducing the visibility of the site from the interstate. The applicant has
provided cross sections indicating the relationship of the interstate right-of-way to
this site.
Although no single terrace will exceed 15 feet in height, the overall cut will
exceed 30 feet. It appears the cut may be as much as 35-40 feet. Staff supports
the plan as proposed. This support for grading within the buffer adjacent to
Lot 13 and a portion of Lot 12 is not to be construed by the applicant as support
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
7
for future grading with the interstate buffer along the remainder of the overall site.
Circumstances may be different for those portions of the site.
To staff’s knowledge there are no other issues. The proposed use is compatible
with development in the area. The advanced grading proposed under this
application is less than that previously approved for the site. There is no bill of
assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 4, 5
and 6 of the agenda staff report.
2. There is to be no vehicle transport loading or unloading in the public right-of-
way.
3. Mechanical equipment is to be screened.
4. The building is to be designed so that the rear of the building has architectural
elements to give the appearance of a false front.
5. The C.U.P.’s to allow automobile sales businesses on Lots 9, 10 and 11 of
Village at Brodie Creek are to be revoked.
Staff recommends approval of the land alteration variances to allow advanced
grading of a portion of the overall site in conjunction with a building permit for this
automobile sales lot (Lot 13) and to allow increased terrace height for the grading
along the interstate frontage of Lot 13. The area allowed to be advance graded
will be required to be vegetated within 21 days of completion of work in that area.
A grading permit will not be issued until all grading, drainage and erosion control
plans are approved and an application for a building permit for Lot 13, the
proposed Crain automobile dealership, is submitted.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The applicant was present. There were two objectors and one other interested
party present. Staff presented the item and a recommendation of approval as
noted in the “staff recommendation” above. Staff added one other condition to
Public Works comments as follows:
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
8
“Construction of the right turn off the I-430 southbound exit ramp
will be required to be constructed at the time of the issuance of the
second building permit for development of a lot in the subdivision or
prior to completion of Brodie Creek Boulevard from Colonel Glenn
Road to Bowman Road, whichever occurs first. “
Hank Kelley spoke on behalf of the application. He stated the proposed changes
were a reflection of the slowing economy. He stated the proposal had been
scaled back to a single building and a request to advance-grade a smaller area
of the overall site.
Tim Daters, project engineer, gave a power point presentation showing the site
plan and various cross section of the site. He showed how the site would not be
easily visible from I-430 due to the terrain and dense trees in the area of the
right-of-way between the traffic lanes and the site.
Lynn Warren, Chair of the Little Rock City Beautiful Commission, spoke in
opposition to any proposal to reduce or clear the buffer along the interstate
frontage of the site. She stated prior projects approved along I-430 had been
required to maintain the buffer in an undisturbed state. Ms. Warren stated this
applicant could get approval from AHTD to do clearing in the interstate right-of-
way, thus making the site more visible. She commented that the Planning
Commission would have no control over AHTD action.
Austin Amos, attorney representing Steve Landers, spoke in opposition to the car
lot. He stated his client wished to see the Village at Brodie Creek Subdivision
develop with retail uses other than automobile dealerships. Mr. Amos stated his
client made the decision to locate his automobile dealership in the area partly
based on the concept that retail development would be occurring in the area. He
asked the Commission to maintain the integrity of the C-2 zoned area.
In response to a question, Mr. Daters stated the developer would continue to
comply with all previous conditions, including those related to street issues.
In response to a question, staff stated the revocation of the previously approved
CUP’s would be placed on the Commission’s November 13, 2008 agenda and
the revocation of those CUP’s was a condition of approval of this application.
Pete Hornibrook addressed the Commission and stated he was not opposed to
this application. He stated he represented the owner of some property located on
the east side of I-430 and he wanted to go on record as requesting the same
consideration from the Commission when he filed an application for that property.
October 2, 2008
ITEM NO.: 5 (Cont.) FILE NO.: Z-3371-AA
9
Hank Kelley stated he agreed to stand by all previous agreements and
considerations related to street improvements. He noted two other car
dealerships had just recently been announced as locating across Colonel Glenn
Road, to the south. He stated it was his desire to develop the rest of the
subdivision with mixed uses and to make it as retail as possible.
Tim daters referred again to his cross section drawing showing how the site was
buffered from the interstate.
Commissioner Laha asked if the site could be seen from the interstate, even if
there were no trees in the right-of-way. Mr. Daters responded that it could not.
A motion was made to approve the item, including all staff recommendations and
conditions. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent.
October 2, 2008
ITEM NO.: 6 FILE NO.: Z-4670-B
NAME: Second Presbyterian Church Prayer Garden and
Columbarium – Conditional Use Permit
LOCATION: 600 Pleasant Valley Drive
OWNER/APPLICANT: Second Presbyterian Church
PROPOSAL: A conditional use permit is requested to allow for
development of a columbarium within the existing
prayer garden located adjacent to the church on this
R-2 zoned property.
1. SITE LOCATION:
The site is located at the southwest corner of Pleasant Valley Drive and
Cantrell Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church has existed at this site for many years. I-430 abuts the site on
the west. Multifamily/condominium developments are adjacent to the
south and across Pleasant Valley Drive to the east. Single-family
residences are located across Cantrell to the north as well as to the South.
A small office development is located two blocks to the south. The
proposal is to add a small columbarium to the existing prayer garden
adjacent to the church. This proposal will not affect the church’s
continued compatibility with the neighborhood.
All owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the Pleasant Valley
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the church site is via two driveways off of Pleasant Valley Drive.
The site contains 325+ parking spaces. The columbarium will not add to
the parking demand for the site in excess of the available on-site parking.
4. SCREENING AND BUFFERS:
No Comments.
October 2, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-4670-B
2
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer is available to this property.
Entergy: No comments received.
CenterPoint Energy: No comments received.
AT&T (SBC): No comments received.
Water: No objection.
Fire Department: No comments received.
County Planning: No Comments.
CATA: This site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 11, 2008)
The applicants were present. Staff presented the item and noted no additional
information was needed. It was noted that the proposed columbarium was to be
located in the existing prayer garden.
The Committee determined there was no issues and forwarded the item to the
full Commission.
STAFF ANALYSIS:
Second Presbyterian Church occupies the 8.6± acre, R-2 zoned tract located at
600 Pleasant Valley Drive. The site contains the church building, a detached,
youth building and 300+ parking spaces. A prayer garden is located at the
southeast corner of the church building, near the main entry. The church is
requesting approval of a conditional use permit to add a columbarium to the
prayer garden.
October 2, 2008
ITEM NO.: 6 (Cont.) FILE NO.: Z-4670-B
3
The columbarium will consist of two walls to be built along the inside edge of the
prayer garden. The walls will be 5± feet tall and finished in natural stone to
match the existing stone on the prayer garden fountain. The walls will contain a
series of 8” X 8” niches, which will hold cremains.
To staff’s knowledge, there are no outstanding issues. The columbarium will be
built in the existing prayer garden and should have no effect on neighboring
properties. There is no bill of assurance for this acreage tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit, as filed.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
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. The vote was 10 ayes, 0 noes and 1 absent.
October 2, 2008
ITEM NO.: 7 FILE NO.: Z-7909
NAME: Colon Accessory Dwelling – Conditional Use Permit
LOCATION: 1410 Commerce Street
PROPOSAL: Time Extension on a previously approved conditional
use permit to allow an accessory dwelling on this
R-4A zoned lot.
On September 1, 2005, the Planning Commission approved a conditional use
permit to allow for construction of an accessory dwelling on this R-4A zoned lot.
The applicant proposed to construct a 2,241 square foot residence on this vacant
lot. A 1,034 square foot accessory building was proposed to be built in the rear
yard of the property. The accessory structure was to be connected to the
principal dwelling by an unenclosed, covered breezeway. The accessory
building was to contain at 458 square foot accessory dwelling and a 576 square
foot, two-car garage.
The property is within the MacArthur Park Historic District and on August 4, 2005,
the Historic District Commission approved the proposal subject to various
conditions.
Neither the principal dwelling nor accessory dwelling have been built. Section
36-108.(c) of the City code states the maximum allowable time to exercise the
authorization of the conditional use permit is three (3) years. Required permits
are to be obtained within the allotted period. The applicant is requesting an
extension of the previously approved conditional use permit. The applicant
states there is an ongoing legal dispute regarding the actual ownership or partial
ownership of Lot 11, which affects the north ½ feet of this site. Consequently,
she has been unable to obtain clear title insurance. Additionally, the tightening
mortgage market has affected her ability to finance the project.
Staff is supportive of allowing a two-year extension. Notice of this request was
sent to all owners of properties located within 200 feet of the site, all residents
within 300 feet who could be identified and the MacArthur Park and Downtown
Neighborhood Associations.
A copy of the Commission’s 2005 action is attached.
October 2, 2008
ITEM NO.: 7 (Cont.) FILE NO.: Z-7909
2
STAFF RECOMMENDATION:
Staff recommends approval of a two-year extension of the previously approved
conditional use permit subject to compliance with all conditions imposed by the
Commission on September 1, 2005.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
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. The vote was 10 ayes, 0 noes and 1 absent.
SEPTEMBER 1, 2005 PLANNING ITEM
ITEM NO.: 6 FILE NO.: Z-7909
NAME: Colon Accessory Dwelling – Conditional Use Permit
LOCATION: 1410 South Commerce Street
OWNER/APPLICANT: Donna Colon/Herron Horton Architects
PROPOSAL: A conditional use permit is requested to allow for
construction of an accessory dwelling on this R-4A
zoned property.
1. SITE LOCATION:
The property is located on the west side of Commerce Street, one
property south of Daisy L. Gatson Bates Drive; south of I-630.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is primarily residential in nature;
including a scattering of single family homes; vacant residential lots and
apartments. North of the site is a single family residence. Beyond that is
vacant property and I-630. East of the site are vacant properties, single
family residences and a residence which is being rebuilt. Vacant lots are
located to the west. South of the site is a residence which is being rebuilt
and a multifamily structure. The site is on the edge of the path of
destruction caused by the 1999 tornado. The base zoning in the area,
including this lot, is R-4A, which permits two-family residences as a by-
right use. The LR Historic District Commission has approved the project.
The proposed accessory dwelling is compatible with uses and zoning in
the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Downtown and MacArthur
Park Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The principal and accessory dwellings require one on-site parking space
each. The applicant proposes to construct a two-car garage and one
additional paved parking space; all taking access off of the alley to the
rear of the site.
September 1, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-7909
2
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter or sidewalk that is damaged
in the public right-of-way prior to occupancy.
2. Resurface asphalt rear alley to a width of 18 ft. for the length of the
property.
3. No parking is permitted in rear alley.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Service available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments 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(s).
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: A CATA Bus Route is located just north of this site, at 14th and
Commerce.
SUBDIVISION COMMITTEE COMMENT: (AUGUST 11, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed on building height and design. Staff asked if separate
utilities were requested. Staff informed the Committee that the Historic District
Commission had approved the item at its August 4, 2005 meeting. Staff
commented that a variance was needed for the rear yard coverage.
September 1, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-7909
3
Utility and Public Works Comments were discussed. The applicant was advised
to contact the Fire Marshall’s office regarding their comments. Public Works staff
stated the applicant needed to be aware that the City no longer maintained alleys
and the applicant was “on her own” if she desired to have alley access.
The applicant was advised to respond to staff issues by August 17, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for
construction of an accessory dwelling in conjunction with a new single family
residence to be built on this vacant, R-4A zoned property. The applicant
proposes to construct a 2,241 square foot single family residence. A 1,034±
square foot accessory structure will be connected to the house by an
unenclosed, covered breezeway. The accessory structure will contain a 576±
square foot two-car garage and a 458± square foot accessory dwelling. The
accessory structure will be one-story in height. Both structures will be
constructed with hardiplank lap siding, asphalt shingle roofs and metal clad wood
windows. A 6-foot tall wood privacy fence will enclosed the rear yard. A parking
slab for an additional parking space will be placed adjacent to the garage.
Access to the parking space and garage will be off of the alley to the rear of the
lot. A single meter will be provided for utilities to the site. The alley will be
resurfaced for the width of the property.
The property is located in the MacArthur Park Historic District. On August 4,
2005, the Historic District Commission unanimously approved the proposal
subject to various conditions related to building and fence design.
Staff is supportive of the requested conditional use permit. The property is
located at the edge of the path of the 1999 tornado. There are many vacant
properties and homes, which were damaged in the immediate area. Staff is
encouraged by this quality infill development. The property is zoned R-4A which
permits duplex residences as a by-right use. The purpose and intent of the R-4A
zoning district states:
“…for single family use with conversions to two-family units or the addition
of accessory residential units. The R-4A district should be located in
developed areas of the city with an environment suitable for moderate
density residential use and in established medium density residential
areas where densification may facilitate their continuation as desirable
areas.”
September 1, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-7909
4
Staff believes the applicant’s proposal clearly complies with the purpose and
intent of the R-4A district.
The Original City of Little Rock bill of assurance does not address use issues.
The applicant submitted responses to issues raised at Subdivision Committee
and reflected in the analysis above. The R-4A zoning district does not have the
requirement that the property owner occupy one of the units, as in R-2 and R-3
single family. The structure does occupy more than the allowable 30% rear yard
coverage for accessory structures. This is not out of character for this part of
Little Rock.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1. Compliance with the staff comments and conditions outlined in Sections 5
and 6 of the agenda staff report.
2. Compliance with the conditions imposed by the Little Rock Historic District
Commission.
Staff recommends approval of the rear yard coverage variance.
PLANNING COMMISSION ACTION: (SEPTEMBER 1, 2005)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation" above. Staff recommended
approval of a rear yard coverage variance and of a late request by the applicant
to have separate utility meters. There was no further discussion. The item was
placed on the Consent Agenda and approved as recommended by staff. The
vote was 11 ayes, 0 noes and 0 absent.
October 2, 2008
ITEM NO.: 8 FILE NO.: MSP08-03
Name: Master Street Plan Amendment removing the Collector connection
from Dixie Road to Chenal Drive
Location: Chenal Drive to Dixie Road, east of Ferndale Cutoff Road
Request: To remove the Collector from Dixie Road to Chenal Drive
Source: Tim Daters, Chenal Properties
PROPOSAL / REQUEST:
The request is to remove the Collector connecting Dixie Road to Chenal Drive.
CURRENT MASTER STREET PLAN:
Dixie Road extension is shown as a Collector. A Collector provides connections
to the Arterial network and from large developments to the network.
FUTURE LAND USE PLAN:
Currently the Land Use Plan shows the area for Single-Family residential uses.
With Shinall Mountain (ridge) paralleling the proposed Collector to the north
shown as Park/Open Space.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
There are no City recognized Neighborhood Action Plan that would be affected
by this amendment.
ANALYSIS:
Dixie Road extension connects the Dixie Road residential area off of Ferndale
Cut-Off Road with the subdivisions of Chenal Valley, Chenal Drive. The tracts in
the Dixie Road addition range from over 1 acre to near ten acres and are
generally developed with single-family homes. This area is rural in character and
has been developed without city regulations. The subdivisions of Chenal Valley
are more suburban, subdivision of lots between a third to one acre. The parcels
have been platted and developed as part of the City of Little Rock with all the
rules and regulations that go with that.
October 2, 2008
ITEM NO.: 8 (Cont.) FILE NO.: MSP08-03
2
The Collector connection is mostly outside the corporate limits of Little Rock.
The City Limits in this location has not moved in several decades. The
subdivisions of Chenal Valley are only partially developed at this time. The two
areas are in two different drainage basins (the Little Maumelle to the west and
Rock Creek to the east). The proposed road passes through a narrow steep
valley. There are three ridges between Denny Road and Cantrell Road (Highway
10). One of these has the various transmission towers for Central Arkansas
radio and TV stations. The area is very steep with slopes of greater than 30
percent. Even though most of the area is shown for Single Family use, this
makes development difficult if possible at all.
With the limitations of the land in this area, a Collector would not be needed to
move people from this area to the Arterial network. The remaining purpose
would be to provide a connection. A connection at this location would mean
residents in the future subdivision at the western end of Chenal Valley could
more easily access Ferndale Cut-off Road. And the residents along Ferndale
Road could more directly connect to the subdivisions of the western end of
Chenal Valley. The County Planning director has indicated the County has no
issue with the removal of this collector.
Currently the areas along Ferndale Cut-off Road and to the west are mostly
developed with large-lot residential subdivisions. This type of development is not
as likely to request voluntary annexation to the City. Most annexations to the
City have been voluntary for the some twenty plus years. The City, during the
last couple decades, has initiated only ‘clean-up’ types of annexation. The need
to provide city services (police, fire, sanitary waste, etc.) between both areas in
the near or mid-term is not likely. The Public Works department has indicated
they have no issues with removing the proposed Collector connection.
The existing development pattern along Ferndale Cut-off Road has not been
done with the idea of this connection being made. No other developments
existing or proposed would be impacted by additional unplanned for traffic if the
connection were not made. The Chenal development has been designed such
that all the services and employment opportunities are in the other direction.
This connection was always a secondary or ‘back door’ type of connection. The
impact on Chenal Drive would likely be minimal. The actual development of the
Chenal subdivisions will have a much greater impact on Chenal Drive.
While traffic could increase slightly due to trips that might have moved west along
the Collector to Ferndale Road, there also will not be trips from the Ferndale Cut-
off Road area driving along Chenal Drive to access the commercial and office
areas to the east and south.
October 2, 2008
ITEM NO.: 8 (Cont.) FILE NO.: MSP08-03
3
NEIGHBORHOOD COMMENTS:
Chenal Properties along with two other property owners are adjacent to the
proposed collector alignment.
STAFF RECOMMENDATIONS:
Approval
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The item was placed on consent agenda for approval. By a vote of 10 for and
0 against the consent agenda was approved.
October 2, 2008
ITEM NO.: 9 FILE NO.: 316
NAME: Independence Farms/Rahling Annexation
REQUEST: Accept 13.8 acres plus or minus to the City
LOCATION: Along the north side of Kanis at Edswood Road
SOURCE: Tim Daters, Agent for the Property Owners
GENERAL INFORMATION:
• The County Judge held a hearing and signed the Annexation Order on
July 15, 2008.
• The area requested for consideration is currently undeveloped.
• There is one property owner.
• The site is contiguous to the City of Little Rock along the north boundary.
• The annexation request is to obtain sewer service and other City services.
• The area in question is generally rectangular, approximately 600 deep
along Kanis and 1000 along the road.
• Currently the property is zoned C-3, General Commercial.
• The property owners have indicated the intention to develop this land for
commercial purposes.
AGENCY COMMENTS:
Public Safety:
Fire: The Little Rock Fire Department has indicated they have no issues or
concerns with the requested annexation.
Police: The Little Rock Police Department has indicated they have no issues or
concerns with the requested annexation.
Infrastructure and Community Facilities:
Central Arkansas Transit: No Comment Received.
Parks and Recreation: No Comment Received.
October 2, 2008
ITEM NO.: 9 (Cont.) FILE NO. 316
2
Public Works: The Little Rock Public Works Department indicated that the land
is all zoned commercial so there would be no residential solid waste services for
the area. Rahling Road is currently under construction and the City would get
maintenance of this road as well as a portion of Kanis Road. This arterial-arterial
intersection will generate sufficient traffic to warrant signalization in the near
future. Streetlight costs will increase to the City as a result of this annexation.
Staff did not object to the annexation. However it was noted that Kanis Road
would be outside the City in both directions from this annexation (there will be an
in – out – in – out – in – out situation).
Utilities:
Central Arkansas Water: No Comment Received.
Entergy: No Comment Received.
Reliant-Energy: No Comment Received.
Wastewater Utility: Little Rock Wastewater has no objection to the annexation.
Sewer main extensions will be required to serve this area. Sewer service will be
the responsibility of the developer of the property.
Southwestern Bell: No Comment Received.
Schools:
Little Rock: No Comment Received.
The annexation is not within the Little Rock School District.
Pulaski County Special: No Comment Received.
The annexation area is within the Pulaski Special School District.
ANALYSIS:
The Pulaski County Judge has held a hearing on this annexation and found that
it is contiguous to the City of Little Rock, that the petition for annexation was
correct and valid and the land would be used for an urban use. The Judge has
signed an order for annexation indicating he finds the annexation request does
meet the state requirements to be annexed to Little Rock.
October 2, 2008
ITEM NO.: 9 (Cont.) FILE NO. 316
3
The annexation area is along Kanis Road at Edswood. The eastern half is
wooded and the western half has a home site. The entire annexation area is
currently zoned C-3, General Commercial. A branch of Rock Creek moves
through the site from the northeast corner to the southwest corner and proceeds
to the west south of Kanis Road. There is a pond to the east. The lowest point is
at the pond near the northeast corner of the tract, at 488 feet. Along Kanis Road
at the southeast corner, the elevation is around 514 feet dropping to 496 feet at
the southwest corner where the creek exists the site. The highest point is along
the west line where a hill rises to aproximately 524 feet before leaving the site.
Rahling Road is under construction and is classified as a Principal Arterial at this
point with a right-of-way of 110 feet and more at intersections. This extension
will result in the connection from Kanis Road to Cantrell Road of Rahling Road,
which on the City’s Plans has been called the ‘West Loop’ for several decades.
At the time of the annexation the Rahling Road right-of-way has been cleared
and sub-road materials installed. The drainage and utility work is underway for
the construction of this arterial. The road has been aligned to Edswood at Kanis
Road. Completion of road construction is expected prior to the completion of the
annexation process.
The result of the road construction is one tract on the northeast corner and one
on the northwest will be annexed with this application. As noted previously, the
land is currently zoned C-3, General Commercial. In addition the southeast
corner of Edswood has this zoning (this corner is not included and would remain
outside the city). Most of the tracts along Kanis Road remain residential in
character and use at this time. The development pattern to the south is large
tract single-family subdivisions. These areas are rural to suburban in nature. To
the north the land is inside the City and urban development is approaching –
office, commercial and residential uses can be found to the north. A large
shopping center, The Promenade at Chenal, is the most recent addition.
There are no bus routes in the general area of this annexation. The closest route
is Route 5 - West Markham, which is almost 3 miles to the east at its closest
point.
The Little Rock Parks and Recreation Master Plan indicates that this area does
meet the plan’s eight-block strategy. That is, there is an open space or
recreation area within eight-blocks of this area. There is a private property
owner’s association neighborhood park on Champagnolle Drive, just northwest of
the annexation area.
There is some infrastructure in place currently. The County has just completed
the resurfacing of Kanis Road in this location and as noted previously Rahling
Road is under construction by a private group. As the result of this annexation
the City would acquire the maintenance responsibility of both roads (the portion
of Kanis Road contiguous and the new Rahling Road segment). In addition with
October 2, 2008
ITEM NO.: 9 (Cont.) FILE NO. 316
4
Rahling Road, streetlights are to be installed. The City would acquire the cost of
this maintenance. Since this will become an important interest, Staff believes a
traffic signal will become needed.
There is an existing 12-inch water main along the right-of-way for Rahling Road
at Champagnolle Drive. This is immediately to the north of the annexation area.
A 16-inch water line has been stubbed on Kanis Road at the intersection with
Chenal Parkway. This is a quarter of a mile to the east of the annexation area.
At time of development, the developers would have to extend one or both of
these lines at their cost to provide service.
There is a 24-inch gravity sanitary sewer main along Rock Creek at the northeast
corner of this annexation area. This main serves the Chenal Valley area. A
connection would have to be constructed at time of development for service to
any future development on this land. This connection would be at the cost of the
developer.
Police Patrol District 72 is adjacent to the annexation area. With the completion
of Rahling Road access for patrol can be made from either Rahling or Kanis
Roads in the near future. Currently there is a home site on the western portion of
the site. The Police Department did indicate they had no concerns or issues with
the annexation.
The annexation area is a little over one mile from the Chenal Fire Station (Station
21) on Chenal Drive and approximately 2.5 miles from the station on Oak
Meadow Drive (Station 20). The Little Rock Fire Department has indicated they
have no issues or concerns with the requested annexation.
Staff Recommendation:
Approval
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The item was placed on consent agenda for approval. By a vote of 10 for and
0 against the consent agenda was approved.
October 2, 2008
ITEM NO.: 10 FILE NO: Z-5615-A
NAME: Allison Memorial Presbyterian Church Sidewalk Deferral on
Wright Ave. Bypass
LOCATION: 922 Wright Avenue
OWNER/APPLICANT: Allison Memorial Presbyterian Church
PROPOSAL: A five (5) year deferral of construction of approximately 400 ft of
sidewalk along the south side of Wright Ave. Bypass is
requested from S. Chester Street to S. Izard Street
A. PROPOSAL/REQUEST:
On February 28, 2008, a conditional use permit was approved by the Planning
Commission to allow for construction of a parking lot on the church’s property.
Allison Memorial Presbyterian Church (“the church”) is requesting a five (5) year
deferral of construction of sidewalk along south side of Wright Avenue Bypass
from S. Chester Street to S. Izard Street due to cost overruns with the parking lot
construction project.
B. EXISTING CONDITIONS:
The church is bounded by Wright Ave. Bypass on the north; S. Izard St. to the
east, Wright Ave. to the south; and S. Chester St. to the west. The church is
located in a mixed use area with residential, small businesses, and other
institutional uses. Sidewalks in the area have high pedestrian traffic. Existing
sidewalk is located on the north side of Wright Ave. Bypass, on both sides of S.
Izard St.; partially on the north and south sides of Wright Ave.; and on the west
side of S. Chester St. With construction of the parking lot, sidewalks are required
to be constructed on the east side of S. Chester St. and on the north side of
Wright Ave. and the south side of Wright Ave. Bypass.
Existing sidewalk is located for several blocks in every direction from the church’s
property on Wright Ave. Bypass. The church’s frontage along Wright Ave.
Bypass slopes down to the street requiring a retaining wall to be constructed
along the majority of the frontage. The retaining wall would be at the most two
(2) vertical feet tall.
As part of the approval of the conditional use permit for the parking lot, the
Planning Commission and the Board of Directors approved a waiver which was
supported by staff of the right-of-way dedication and boundary street ordinance
October 2, 2008
ITEM NO.: 10 (Cont.) FILE NO: Z-5615-A
2
requirements for Wright Avenue on the south side of the church subject to a
sidewalk being constructed and old curb cuts being closed with new curbing.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. With site development, sidewalks with appropriate handicap ramps are
required to be installed in accordance with Sec. 31-175 of the Little Rock
Code and the Master Street Plan.
E. SUBDIVISION COMMITTEE COMMENT: (September 11, 2008)
Mr. Jesse L. Rancifer, Clerk of Session, for the church was present. He
explained how the cost of the parking lot construction has exceeded the original
estimates and the church did not have the budget to build the sidewalk on the
south side of Wright Ave. Bypass. He said there is already sidewalk on the north
side of Wright Ave. Bypass for pedestrian use. He also said the church was
already building sidewalk along Wright Ave. and S. Chester Street.
F. ANALYSIS:
Sidewalks with access ramps are required to be installed per the boundary street
ordinance of the City code with site development. As part of the approval of the
conditional use permit, the church was given a waiver of the right-of-way
dedication and boundary street ordinance requirements for Wright Avenue on the
south side of the church subject to a sidewalk being constructed and old curb
cuts being closed with new curbing which was supported by staff.
The sidewalk in this area of the City is heavy traveled by pedestrians. Today,
pedestrians walking through this area either cross to the sidewalk on north side
of Wright Ave. Bypass or walk on the grassed sloped frontage of the church.
Sidewalk already exists on the south side of Wright Ave. Bypass for several
blocks east and west of the church property. The construction of the sidewalk
across the church’s frontage would complete the sidewalk in this area and create
a safer passage across the church’s frontage.
October 2, 2008
ITEM NO.: 10 (Cont.) FILE NO: Z-5615-A
3
G. STAFF RECOMMENDATION:
Staff recommends denial of the request to defer construction of the sidewalk for
five (5) years on the south side of Wright Ave. Bypass as required by City code
for the applicant. The applicant was already given a waiver of the right-of-way
dedication and boundary street ordinance requirements for Wright Avenue on the
south side of the church subject to a sidewalk being constructed and old curb
cuts being closed with new curbing.
If the applicant’s request is approved, staff would recommend the construction of
sidewalks on the south side of Wright Ave. Bypass along the frontage of the
church property be deferred for five (5) years or until a future phase of
development, whichever occurs first.
PLANNING COMMISSION ACTION: (OCTOBER 2, 2008)
The staff presented the item with a recommendation of denial. Mr. Jessie Rancifer
representing Allison Presbyterian Church explained how the parking lot expansion
project proposed by the church was to be funded by donations and the price of the
construction of the parking lot has increased a tremendous amount. Mr. Rancifer stated
the church needed the deferral to allow them additional time to raise the funds to
construct the sidewalk along Wright Ave. Bypass at a later date such as 5 years. There
was not further discussion. The Chair entertained a motion for approval of the item.
The item was approved by a vote of 10 ayes, 0 noes, and 1 absent.