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LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
FEBRUARY 3, 2005
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Pam Adcock
Gary Langlais
Mizan Rahman
Bill Rector
Robert Stebbins
Jerry Meyer
Chauncey Taylor
Norm Floyd
Fred Allen, Jr.
Jeff Yates
Members Absent: Darrin Williams
City Attorney: Cindy Dawson
III. Approval of the Minutes of the December 16, 2004 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
FEBRUARY 3, 2005
4:00 P.M.
I. DEFERRED ITEMS:
A. Z-7620 Bubar Family Care Facility – Special Use Permit
3712 High Drive
B. Z-7725 Black Community Developers Transitional Housing –
Conditional Use Permit
4017 West 12th Street
C. Z-7726 Victory Outreach Church Transitional Housing –
Conditional Use Permit
3401 West 12th Street
D. Z-7724 Mae-Mae’s Homecare Day Care Center – Conditional Use Permit
3500 Zion Street
E. Z-7741 Whitemore Day Care Family Home – Special Use Permit
8500 Herrick Lane
F. Z-6079-E Little Rock Christian Academy – Revised Conditional Use Permit
19010 Cantrell Road
G. Z-6274-A Jose’s Nite Club Latino, Inc. – Conditional Use Permit
9110 I-30
H. Z-7758 Pinnacle Valley Sports Center – Conditional Use Permit
8700 Pinnacle Valley Road
I. Revision to Section 6 of Master Street Plan titled “Bicycle Plan” and revision to
the “Map” in all parts for the City’s jurisdiction.
J. Revision to Section 7 of Master Street Plan titled “Authority Jurisdiction and
Enforcement” concerning dedication and construction of bicycle paths or routes.
K. Chenal Commercial Park II Revised Preliminary Plat (S-969-E), located on the
Northeast corner of Chenal Parkway and Wellington Village Road.
Agenda, Page Two
II. NEW ITEMS:
1. G-23-341 West 10th Street – Right-of-Way Abandonment
Between Spring and Broadway Streets
2. G-23-342 Schiller Street – Right-of-Way Abandonment
Between Maryland Avenue and I-630
3. Z-7586-A Adams Day Care Family Home – Special Use Permit
9009 Woodford Drive
4. Z-7781 Adkins Day Care Family Home – Special Use Permit
9617 Wilderness Road
5. Z-7780 Rezoning from R-2 to I-1
23400 Hugh Taylor Road
6. Z-7782 Rezoning from C-3 to C-4
5300 Asher Avenue
7. Z-7783 Rezoning from R-2 to O-3
14929 Cantrell Road
8. Z-3371-L Rezoning from C-3 to C-4
South end of Colonel Glenn Plaza Drive
9. Z-4470-D Pinnacle Ford – Conditional Use Permit
NE corner of Chenal Parkway and Wellington Village Road
10. Z-5724-A Angles Salon – Conditional Use Permit
11324 Kanis Road
11. Z-7784 St. Andrews Church – Conditional Use Permit
8000 Block of Kanis Road
12. Z-7785 MDS of Tennessee Medical Waste Disposal Facility –
Conditional Use Permit
5400 Scott Hamilton Drive
13. LU05-20-02 A Land Use Plan Amendment in the Pinnacle, Barrett, Chenal, and
River Mountain Planning Districts featuring various land use changes along
Highway 10 from Morgan Cemetery Road to Black Street.
14. Proposed Amendments to Chapter 36 of the Code of Ordinances related to
group homes and similar facilities.
15. Little Rock Parks and Recreation Master Plan Presentation; Animal Services
Facility at First Tee
February 3, 2005
ITEM NO.: A FILE NO.: Z-7620
Owner: Bubar Family Care Facility –
Special Use Permit
Location: 3712 High Drive
Applicant: Dennis Bubar
Proposal: A Special Use Permit is requested to allow for
the operation of a Family Care Facility on the
R-4 zoned property located at 3712 High Drive.
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 South End, MLK and
South End Neighborhood Developers Neighborhood Associations were
notified of the public hearing.
B. Staff Analysis:
Dennis Bubar, owner of the single family residence located at 3712 High
Drive, is requesting a special use permit to allow for the operation of a
Family Care Facility at that address. All of the adjacent properties are
zoned R-4, with the exception of the lot immediately to the north which is
zoned I-3, and is undeveloped. There is additional I-3 zoned property
further to the north and east, with PR zoning further west and south.
There are single family residences located to the north, south and east.
The property is occupied by a one-story brick and frame single family
residence, with four (4) bedrooms. The applicant is requesting a special
use permit in order to provide a residence for four (4) to six (6) individuals
who have a mental disability and may also have a substance abuse
problem. The residents are involved in a program, where treatment and
services are provided by Gain, Inc. A letter provided by Gain, Inc. notes
that they have “determined that these individuals are stable and able to
live in the community.” The goal in housing is to have the client be as
independent as possible, without putting themselves at risk for
destabilization, and a housing situation that is more structural and
supportive provides them this opportunity.” Copies of the letters
submitted by Dennis Bubar and Dr. Les Smith, Medical Director of Gain,
Inc., are attached for Planning Commission review.
February 3, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
2
The City of Little Rock Zoning Ordinance defines a Family Care Facility as
follows:
“Family care facility means a facility which provides resident
service in a family-like environment to six (6) or fewer
individuals and not more than two (2) staff personnel. These
individuals require a minimal level of supervision and are
provided service and supervision in accordance with their
individual needs.”
Section 36-54(a) of the Zoning Ordinance provides the purpose of
requiring a Special Use Permit for this type of use, as follows:
“General purpose. The purpose of this section is to provide
a method of control over certain types of land uses which,
while not requiring the full review process of the conditional
use permits, do require some review procedure which allows
for determination of their appropriateness within the
neighborhood for which they are proposed and for public
comment.”
Section 36-54(e)(2) of the Zoning Ordinance establishes the site and
location criteria for Family Care Facilities as follows:
a. This use may be located only in a single family home.
b. Medical or counseling needs must be provided off-site.
c. No physical changes in the residence are permitted which would
provide other than sleeping accommodations.
d. Drives and parking shall not exceed that required by ordinance for
a single-family residence.
e. This use shall not be permitted to run with the title to the land and
not be transferable.
f. The number and spacing of existing similar facilities in the
neighborhood.
g. Existing zoning and land use patterns.
February 3, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
3
h. Area wide availability of facilities providing like services.
i. Provision for readily accessible public or quasi-public
transportation.
The following additional site and location criteria was approved by the
Planning Commission on February 12, 2004 and the Board of Directors on
March 16, 2004:
“The Fire Marshall must approve use of the residence for the
proposed family care facility.”
To staff’s knowledge, there have been no special use permits issued for
other Family Care Facilities in this neighborhood. Additionally, staff knows
of no facilities providing this type of resident care in the immediate area.
The site is located near CATA Bus Route #11 (M. L. King, Jr. Route),
which runs south along M. L. King Drive to West 34th Street.
The applicant submitted a copy of the Bill of Assurance for this
neighborhood as part of the application process. The Bill of Assurance
was recorded in 1955 and appears to still be in effect. It contains the
following language:
“(1) LAND USE AND BUILDING TYPE. No lot shall
be used except for residential purposes. No building
shall be erected, altered, placed or permitted to remain
on any lot other than one detached single family dwelling
not to exceed 2 stories in height and a private garage or
carport for not more than two cars.”
Staff believes the proposal to be reasonable and supports the applicant’s
request for a special use permit. Subject to compliance with the site and
location criteria, as noted above, Staff does not believe the level of activity
generated by a Family Care Facility at this location would have any
negative impact on the neighborhood. Special Use Permits are not
transferable in any manner. Permits cannot be transferred from owner to
owner, location to location or use to use.
C. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004)
Dennis Bubar was present, representing the application. Staff briefly
described the proposed family care facility.
February 3, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
4
Dennis Bubar explained that the individuals who will live in the residence
have mental disabilities, and some may also have drug or alcohol abuse
problems. He noted that they do not have physical disabilities. In
response to a question from staff, he noted that there would be no
physical changes to the residence. Mr. Bubar also noted that none of the
clients owned vehicles, therefore no additional parking was needed.
Mr. Bubar explained that the individuals who live on the site will be picked
up by Gain, Inc. each day between 8:00 and 8:30 a.m., and returned to
the residence between 3:00 and 5:00 p.m. He noted that counseling and
treatment services are provided at the Gain, Inc. offices. He also noted
that a doctor or counselor employed by Gain, Inc. will stop by the
residence each day to inspect the premises. In response to a question
from the Committee, Mr. Bubar noted that a few of the residents might
have a part-time job.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a Family
Care Facility at 3712 High Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(2).
2. Compliance with the additional site and location criteria as approved
by the Planning Commission on February 12, 2004 and the Board of
Directors on March 16, 2004.
3. There is to be no signage beyond that permitted in single family zones.
4. The Special Use Permit will be for Dennis Bubar only, and will not be
transferable in any manner.
PLANNING COMMISSION ACTION: (MAY 6, 2004)
Cindy Dawson, City Attorney, informed the Commission that the application
needed to be deferred to the June 17, 2004 agenda to allow staff time to
research the Fair Housing Act with respect to this application. There were
several persons present in opposition. They were informed of the deferral date.
February 3, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
5
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 17, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred.
PLANNING COMMISSION ACTION: (JUNE 17, 2004)
Staff informed the Commission that the City Attorney’s Office had requested to
defer the application to the July 29, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 29, 2004 agenda. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was deferred.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Staff informed the Commission that the City Attorney’s Office had requested to
defer the application to the September 9, 2004 agenda to allow additional time to
research the Fair Housing Act with respect to this application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 9, 2004 agenda. A motion to that
effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2004)
Staff informed the Commission that the City Attorney’s Office requested the
application be deferred to the October 21, 2004 Agenda, in order for the
Transitional Housing Task Force to complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the October 21, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 7 ayes, 0 nays and 4 absent.
The application was deferred.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
February 3, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
6
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposing Ordinance
changes, is not complete. This item needs to be deferred to the February 3,
2005 agenda to allow that process to continue.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3
absent. The application was deferred.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. Staff recommends that the item be
deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff recommended that the application be deferred to be March 17, 2005
Agenda to allow time for proposed ordinance changes to be reviewed.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
February 3, 2005
ITEM NO.: B FILE NO.: Z-7725
NAME: Black Community Developers Transitional Housing –
Conditional Use Permit
LOCATION: 4017 West 12th Street
OWNER/APPLICANT: Black Community Developers, Inc.
PROPOSAL: A conditional use permit is requested to allow use of
the existing duplex on this R-4 zoned lot as
transitional housing for up to 12 women; 6 per unit.
STAFF REPORT:
The task force which is studying the issue of Transitional Housing has not yet
completed its work. It is believed that a report will be coming from that group
soon; including proposed ordinance changes. Staff believes this item needs to
be deferred to the December 16, 2004 Agenda to allow that process to continue.
STAFF RECOMMENDATION:
Staff recommends that this item be deferred to the December 16, 2004 Agenda.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposing Ordinance
changes, is not complete. This item needs to be deferred to the February 3,
2005 agenda to allow that process to continue.
February 3, 2005
ITEM NO.: B (Cont.) FILE NO.: Z-7725
2
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: C FILE NO.: Z-7726
NAME: Victory Outreach Church Transitional Housing –
Conditional Use Permit
LOCATION: 3401 West 12th Street
OWNER/APPLICANT: Victory Outreach Church/Deverick Green
PROPOSAL: A conditional use permit is requested to allow use of
the existing duplex on this R-4 zoned lot as a
transitional housing facility for up to 11 men and an
on-site manager.
STAFF REPORT:
The task force which is studying the issue of Transitional Housing has not yet
completed its work. It is believed that a report will be coming from that group
soon; including proposed ordinance changes. Staff believes this item needs to
be deferred to the December 16, 2004 agenda to allow that process to continue.
STAFF RECOMMENDATION:
Staff recommends that this item be deferred to the December 16, 2004 Planning
Commission meeting.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff recommended to the Commission that the application be deferred to the
December 16, 2004 Agenda, in order for the Transitional Housing Task Force to
complete its work.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 Agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
STAFF REPORT:
The work of the Transitional Housing Task Force, including proposed ordinance
changes, is not complete. This item needs to be deferral to the February 3, 2005
Agenda to allow that process to continue.
February 3, 2005
ITEM NO.: C (Cont.) FILE NO.: Z-7726
2
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the February 3, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The Task Force has completed its work and proposed ordinance changes have
been forwarded to the Planning Commission. This application will be amended
to a Special Use Permit to comply with the ordinance changes. Staff
recommends that the item be deferred to the March 17, 2005 Agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was not present. There were no registered objectors present.
Staff recommended that the item be deferred to the March 17, 2005 Agenda.
There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: D FILE NO.: Z-7724
NAME: Mae-Mae’s Homecare Day Care Center –
Conditional Use Permit
LOCATION: 3500 Zion Street
OWNER/APPLICANT: Mary Morrow
PROPOSAL: A conditional use permit is requested to allow a day
care center in the existing residence on this R-3
zoned lot.
1. SITE LOCATION:
The property is located on the southwest corner of Zion and West 35th
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within a neighborhood that is almost exclusively
single family in zoning and use. A church and a city park are located two
blocks to the southeast. Otherwise, all properties in the area around this
site appear to be single family. The proposed use is not a day care family
home but a day care center with 24 hour per day operation. Staff does
not believe this use is appropriate in this area.
All owners of property located within 200 feet of the site, all residents within
300 feet who could be identified and the John Barrow Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The day care center operates in three shifts with 16 children in each of the
two daytime shifts and up to 6 overnight. There are 6 employees, 3 who
live on-site and 3 off-site. The parking requirement for a day care center
is one space per employee on the largest shift plus one space per facility
vehicle plus one space per 10 children of licensed capacity. If half the
employees work each shift, it appears 4 parking spaces are required;
assuming there is no overlap in attendance. The site does have a paved
parking – drop-off area on the 35th Street perimeter. The parking area
does not appear to be sufficient for the use. The applicant states the
employees who live off site live close enough to walk or are dropped off.
February 3, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7724
2
4. SCREENING AND BUFFERS:
The entire rear yard area, including the playground is enclosed by a 6 foot
tall, wood privacy fence which is constructed in “good neighbor” fashion;
with the finished side facing out.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. A bus route is
located one block to the south, on West 36th Street.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 30, 2004)
The applicant was present. Staff presented the item and informed the applicant
that additional information was needed including: a copy of the bill of
assurance; hours of the “shifts”; number of employees living on-site and off-site;
signage; site lighting and a copy of the day care’s current DHS license. Staff
informed the Committee that the day care was a 24-hour per day operation, with
two shifts plus overnight care. Staff asked the applicant of the fenced property
adjacent to the west was used for the day care since the fencing was similar and
there was playground equipment in the area. Ms. Morrow stated the adjacent
property was not used in any way for the day care operation. Staff noted the
existing parking design did not comply with code standards since it appeared
that vehicles backed into the street. Gary Langlais asked Ms. Morrow what the
neighbors felt about the business. She responded that no one seemed to have
February 3, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7724
3
any problems. Staff asked Ms. Morrow if this was her only residence; if she lived
anywhere else, any other day of the week. Ms. Morrow responded that this was
her sole residence. Ms. Morrow stated she had kept children at her home for 17
years but until 6 years ago had not kept more than 5 children.
The applicant was advised to respond to staff issues by October 6, 2004. The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-3 zoned property located at 3500 Zion Street is occupied by a one-story,
2,300 square foot, frame, single family residence. The occupant of the home
has kept children at the site for 17 years, in some capacity. Six years ago, she
received a license from the State as a day care family home and began keeping
up to 16 children. Prior to that, she did not keep more than 5 children. During
staff’s recent review of state licensed day cares, this business was found not to
have received a C.U.P. An enforcement notice was issued and the owner
subsequently applied for this C.U.P.
The day care center operates in three shifts. 16 children are kept from 7:00 a.m.
to 3:00 p.m.; 16 from 3:30 p.m. to 7:30 p.m.; and 2 to 6 from 8:00 p.m. to 6:30
a.m. The business has 6 employees; 3 who live in the home. A paved
parking/drop-off area is located on the north side of the house. The applicant
states parents pull off of 35th Street and park parallel to the house so that they
do not back into the street. Staff does not believe the parking area complies with
ordinance standards. The rear yard area, including the playground, is enclosed
by a 6 foot tall, wood, privacy fence. Lighting consists of porch lights and one
night watcher in the yard. The applicant has stated this is her sole residence.
The John Barrow bill of assurance does not address use issues. The applicant
owns the lots adjacent to the west which are also enclosed by a privacy fence.
Staff observed playground equipment in this area, but the applicant stated that
area is not used for the day care.
Staff does not support the proposed day care center at this location. The
property is located within a neighborhood which is almost entirely single family in
use. The property is not on the edge or fringe of a neighborhood where it might
be more appropriate to have this level of nonresidential use. The operation is
24 hours per day in nature with 2 shifts of 16 children each and a third shift of up
to 6 children. The business has 6 employees, 3 of whom live off-site. The
applicant has stated she wishes to erect a small (1.5’ X 2.5’) sign which further
adds to the nonresidential nature of the use. Staff believes this use is too
intense and is inappropriate for this site.
February 3, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7724
4
STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (OCTOBER 21, 2004)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be deferred to the December 16, 2004 agenda. Staff
supported the deferral request.
With a vote of 9 ayes, 0 nays and 2 absent, the Commission voted to waive their
bylaws and accept the deferral request less than five (5) days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 16, 2004 agenda. A motion to
that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was present. There were no registered objectors present. One
person was registered in support. Staff presented the item and a
recommendation of denial. Dana Carney, of the Planning Staff, spoke of the
history and code requirements of day care family homes and day care centers.
The applicant, Mary Morrow, spoke in support of her application. She stated she
had three shifts. Ms. Morrow stated she currently had 4 employees and a total of
11, 16 and 5 children on the three respective shifts. She stated there were no
objections from her neighbors. She stated she spent $30,000 remodeling her
house to comply with DHS requirements for the day care.
Doris Wright, president of the John Barrow Neighborhood Association, spoke in
support of the application. She stated Ms. Morrow had appeared at the
Association’s October 2003 meeting. Ms. Wright stated the persons present
were in support of the day care but no formal vote was taken. She stated the
day care was unobtrusive and not a distraction.
Chairman Rahman asked Ms. Morrow if she could reduce the number of
children, employees and hours of operation.
February 3, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7724
5
Commissioner Meyer asked Ms. Morrow what DHS had required that cost
$30,000. Ms. Morrow responded that they required separate restrooms, new
sinks and tile and other improvements. Commissioner Adcock commented that
it sounded like the requirements for a commercial day care business.
Commissioner Rector asked staff what additional conditions were proposed.
Mr. Carney responded that the application was as presented by the applicant,
with no additional conditions proposed by staff since staff was recommending
denial.
Chairman Rahman again asked the applicant to consider what changes could be
made.
Commissioner Rector told Ms. Morrow that hers was a commercial business, as
viewed by the Planning Commission. He stated DHS had issued a license that
they should not have issued. He stated there was a problem with setting a
negative precedent, if the Commission were to approve her application.
Deputy City Attorney Cindy Dawson suggested the applicant consider a deferral
to think through the issues raised by staff and the Commission.
Doris Wright, asked what the Commission would find acceptable. Chairman
Rahman responded that Ms. Morrow should consider reducing the number of
employees, number of children and hours of operation.
Staff was asked if they would support a day care family home at this location.
Dana Carney responded that staff would review any amended application. He
noted that staff typically was supportive of day care family homes.
Commissioner Rector suggested a 6-week deferral. Ms. Morrow agreed.
A motion was made to defer the item to the February 3, 2005 Agenda. The
motion was approved by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
Since the December 16, 2004 meeting, Mrs. Morrow has amended her
application. In an effort to address some of staff’s concerns, she is proposing to
reduce the number of children and to lessen the days and hours of operation.
She now proposes to operate the day care Monday through Friday from 7:00
a.m. to 11:00 p.m. Sixteen children will be kept from 7:00 a.m. to 3:00 p.m.
Only 10 children will be kept from 3:00 p.m. to 11:00 p.m. The applicant no
longer proposes to have any signage. The number of employees will likely drop
with the corresponding reduction in the number of children.
February 3, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-7724
6
While still clearly a day care center as defined by City Code, the proposed use
now more nearly resembles a day care family home in days of operation, the
number of children and the lack of signage. Ms. Morrow has been operating her
childcare business at a day care level for over 6 years, apparently without any
neighborhood complaints. It was only during staff’s review of state licensed day
cares that this business was found not to have a C.U.P. Additionally, the lack of
negative impact seems to be corroborated by the fact that neighborhood
association representatives have spoken on behalf of the application.
Staff typically would not support a day care center of this scope in the heart of a
residential neighborhood. However, in light of the lack of past complaints, the
apparent support of the neighborhood and the amendments offered by the
applicant; staff will support this particular application.
Amended Staff Recommendation:
Staff recommends approval of the application as amended by the applicant
subject to compliance with the following conditions:
1. Days and hours of operation are to be Monday through Friday, 7:00 a.m.
through 11:00 p.m.
2. No more than 16 children are to be kept from 7:00 a.m. through 3:00 p.m.
and no more than 10 children are to be kept from 3:00 p.m. through
11:00 p.m.
3. There is to be no signage on the site identifying the day care.
4. Outdoor activities including use of the playground are to be limited to day light
hours.
5. The lots adjacent to the west of this site are not to be used for the day care.
6. Drop-off and pick-up of children are to take place on the paved parking area
and not in the public right-of-way.
7. The C.U.P. is only for the applicant, Mary Morrow, and her occupancy of this
property as her sole residence. The C.U.P. is not transferable to any other
individual.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined in the “Staff Recommendation” above. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff; including all staff comments and conditions. The vote was 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: E FILE NO.: Z-7741
Name: Whitmore Day Care Family Home –
Special Use Permit
Location: 8500 Herrick Lane
Owner: Pat Stalter
Applicant: Carolyn Whitmore
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 8500 Herrick Lane.
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 SWLR United for
Progress and Town and Country Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
8500 Herrick Lane is located on the north side of Herrick Lane, north of
Baseline Road. All surrounding properties are zoned R-2. Single Family
residences are located to the south, east and west. Undeveloped
property is located to the north.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in this neighborhood. The rear yard is fenced and should
provide a safe play area. The applicant proposes to operate the day care
family home 24 hours a day, seven (7) days per week. The applicant has
noted that there will be two (2) full-time employees and one (1) part-time
nurse. The applicant, Carolyn Whitmore, will not live on the site. One (1)
of the full-time employees will live in the residence.
There are two (2) concrete drives from Herrick Lane, with parking for 6 to
7 vehicles. On inspection of the site, staff observed no vehicles parked on
unpaved area. The driveways should allow sufficient space for drop-off
and pick-up of children. Staff observed no vehicles on the site which were
not operational.
February 3, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7741
2
The applicant notes that she has been licensed by the State Department
of Human Services since February 2004. The applicant is licensed to
care for up to five (5) 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 1963 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. No lot shall be used except for residential purposes. No
building shall be erected, altered, placed, or permitted to
remain on any lot other than (one single-family dwelling not
to exceed two and one-half stories in height and a private
garage for not more than two cars).”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
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 care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
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 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.
February 3, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7741
3
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.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
The applicant is requesting two (2) variances with the proposed day care
family home. The first variance is from Section 36-54(e)(3)a. of the above
listed site and location criteria. As noted previously, the applicant and
proposed licensed care giver does not live at 8500 Herrick Lane. The
second variance is from Section 36-54(e)(3)f of the site and location
criteria. The property at 8500 Herrick Lane is located less than 300 feet
(as measured from property line to property line) from a licensed day care
family home at 8605 Herrick Lane. Adrian and Faye Hunter at 8605
Herrick Lane were recently issued a Special Use Permit by the Planning
Commission.
Staff does not support the requested Special Use Permit to allow a day
care family home at 8500 Herrick Lane. Staff has several concerns
related to this request. Staff feels that the requested variances violate the
spirit and intent of the newly established ordinance criteria for day care
family homes. The proposed location is approximately 180 feet from the
Hunter’s day care family home at 8605 Herrick Lane. Additionally, staff is
February 3, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7741
4
very concerned about the proposed 24-hour operation. Staff feels that a
24-hour operation, with multiple employees violates the City Ordinance’s
intent in locating this type of home day care use in single family
neighborhoods. Staff feels that the proposed day care use will not be
compatible with surrounding residences.
C. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004)
Natalie Hughes was present, representing the application. Staff briefly
described the proposed day care family home use.
In response to a question from the Committee, Ms. Hughes explained that
there will be two (2) employees the first two (2) shifts, with one (1)
employee the 11:00 p.m. – 7:00 a.m. shift. She noted that the State has
licensed the day care use for five (5) children at 8500 Herrick Lane for
approximately six (6) months. There was a brief discussion related to the
number of children and the proposed hours of operation.
The Committee asked if the neighbors had been talked to regarding the
proposed day care use. Ms. Hughes indicated that they had not, but the
required notices to property owners would be mailed.
Staff noted that variances would be requested from the 300 foot
separation requirement and the requirement for the licensed care giver to
live in the day care family home. The variances were briefly discussed.
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends denial of the requested Special Use Permit.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant requested to defer the application to the February 3, 2004 Agenda,
based on the fact that the number of commissioners present dropped to seven
(7) during the course of the meeting. The Commission offered the deferral to all
applicants.
A motion was made to defer the application to the February 3, 2004 Agenda.
The motion passed by a vote of 7 ayes, 0 nays and 4 absent. The application
was deferred.
February 3, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7741
5
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Carolyn Whitmore was present, representing the application. There were two (2)
objectors present. Staff presented the item with a recommendation of denial.
Staff noted that Ms. Whitmore had amended the proposed hours of operation to
be 6:00 a.m. to midnight, seven (7) days per week. Staff also noted that Ms.
Covington, the resident of 8500 Herrick Lane, had applied for her license from
the State DHS.
Carolyn Whitmore addressed the Commission in support of the application. She
explained that she was trying to increase the number of children that she could
care for at this location. She noted that she currently cares for five (5) children,
but occasionally had “drop-ins” which made the number go beyond that. She
briefly discussed the hours of operation. She noted that she was trying to
accommodate the parents who worked at night. She also explained that she
was trying to find a location to open a day care center.
Commissioner Allen asked Ms. Whitmore’s relation to Ms. Covington. Ms.
Whitmore noted that they were sisters. The issue of Ms. Whitmore finding a
location properly zoned for a day care center was briefly discussed.
Chairman Rahman asked about the need for four (4) employees. Ms. Whitmore
explained that she really didn’t need four (4) employees. She stated that one (1)
was a volunteer.
Janet Berry addressed the Commission in opposition. She explained that this
single family area west of the Highway Department was a small, fragile
neighborhood. She noted that 8500 Herrick Lane was located at the back of the
neighborhood, and all of the traffic generated would have to drive through the
neighborhood to get there. She also noted that the proposed day care use did
not conform to current ordinance requirements.
Troy Laha also addressed the Commission in opposition. He noted that the
property is in a flood zone, and that there was possibly a hazardous electrical
meter loop in the rear yard.
Ms. Whitmore made additional statements related to the proposed day care use.
She noted that children are dropped-off during various hours of the day.
Commissioner Adcock asked if Ms. Whitmore owned the property at 8500
Herrick Lane. Ms. Whitmore stated that she did not own the property, but had
permission from the property owner.
There was a motion to approve the application as filed. The motion failed by a
vote of 2 ayes, 8 nays and 1 absent. The application was denied.
February 3, 2005
ITEM NO.: F FILE NO.: Z-6079-E
NAME: Little Rock Christian Academy –
Conditional Use Permit
LOCATION: 19010 Cantrell Road
OWNER/APPLICANT: Little Rock Christian Academy/The Wilcox Group
PROPOSAL: A revision to a previously approved conditional use
permit is requested to allow for revision of the phasing
plan and an increase in student population and
building square frontage for this existing private
school.
1. SITE LOCATION:
The school is located on the north side of Cantrell Road, between The
Ranch and Chenal Parkway.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The campus is located in an area of mixed uses and zoning located along
Cantrell Road. The properties to the east contain a variety of uses
including residential, commercial and office. Undeveloped tracts are
located directly to the west and north. The Cantrell/Chenal intersection is
just west of the site. This intersection includes a mixture of uses,
including the new Walmart Supercenter. A church and a scattering of
single family residences are located to the south. The proposed revision
should not affect the school’s continued compatibility with the
neighborhood.
All owners of property located within 200 feet of the site, all residents within
300 feet who could be identified and the Aberdeen, and DuQuesne
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
At total build-out, the school is to have 100 classrooms, housing 2,058
students. The break-down of classes by grades and the parking
requirement is as follows:
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
2
GRADES # OF CLASSROOMS PARKING SPACES
REQUIRED
ELEMENTARY
KINDERGARTEN
12
(200 Students)
20
1ST GRADE 7 7
2ND GRADE 7 7
3RD GRADE 7 7
4TH GRADE 7 7
5TH GRADE 7 7
6TH GRADE 7 7
MIDDLE SCHOOL
AND HIGH SCHOOL
7TH GRADE 7 42
8TH GRADE 7 42
9TH GRADE 8 48
10TH GRADE 8 48
11TH GRADE 8 48
12TH GRADE 8 48
TOTAL NUMBER OF
CLASSROOMS
100
338
The school is proposed to have 220 employees (faculty). One parking
space is required for each teacher, employee and administrator.
Combining the 220 required faculty spaces with the 338 required
classroom/student spaces results in a total parking requirement of 558
on-site parking spaces.
The site currently has 218 paved parking spaces and 50 spaces in a
temporary, gravel parking area; a total of 268 spaces. Phase I of this
revision includes the construction of a new driveway off of Cantrell Road,
providing additional stacking space for drop-off/pick-up. Phase III
includes the construction of additional drives and 333 more paved parking
spaces. Phases VI completes the parking with 120 more spaces. The
plan proposes a total of 693 paved parking spaces and over a mile of
driveways to provide stacking space. A traffic signal is proposed to be
installed in conjunction with the Phase I drive.
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
3
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances and the
Highway 10 Design Overlay standards is required.
Interior landscape islands must be at least 300 square feet in area to
receive credit toward fulfilling landscape ordinance requirements.
Unless otherwise provided for, a six (6) foot high opaque screen, either a
wooden fence with its face side directed outward, a wall, or dense
evergreen plantings, is required along the northern, eastern and western
perimeters of the site.
Landscaped areas are required to be irrigated.
Prior to a building permit being issued, it will be necessary to provide
landscape plans stamped with the seal of a Registered Landscape
Architect.
5. PUBLIC WORKS COMMENTS:
1. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
2. Given the increased number of students and current method of traffic
control, a traffic signal should be provided to serve the development.
Coordinate design of traffic signal with Traffic.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer 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. 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
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
4
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 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. Extension of the fire line and additional fire
hydrant(s) will be required. Contact the Little Rock Fire Department to
obtain information regarding the required placement of the hydrant(s)
and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s).
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: Approved as submitted.
County Planning: Western portion of site is outside of city limits.
Development must comply with Pulaski County Planning standards or
annex to City of Little Rock.
CATA: The site is not located on a CATA bus route. The Highway 10
express route does pass in front of the site.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004)
The applicant was present. Staff presented the item and noted additional
information was needed regarding signage, fencing and building designs. Staff
asked the applicant to correct the parking design and scale shown on the site
plan and to add the Phase 6 parking to the phasing chart. Staff noted the
requested variances and deferrals related to sidewalks and the interior drives
and parking areas.
Public Works Comments were noted. Staff voiced support for deferring the
Cantrell Road sidewalk until Phase 5 or future development on adjacent
properties. Staff stated a traffic signal was needed on Cantrell Road. The
applicant’s engineer, Ernie Peters, stated he would coordinate the signal location
with Public Works. He agreed that a signal was needed. Mr. Peters stated the
school was in agreement to install the signal, if AHTD would allow it. Public
Works staff stated they would advocate the signal to AHTD.
Utility and Landscape Comments were noted. It was noted that the required
screening on the perimeters would be dense evergreen plantings rather than a
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
5
wood fence. Staff responded that it was acceptable to do the screening in that
manner.
The applicant was advised to respond to staff issues by November 17, 2004.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
Little Rock Christian Academy currently occupies a 50± acre tract of R-2 zoned
property located at 19010 Cantrell Road. The west half of the site is in an
“island”, outside of the city limits.
On December 12, 1995, the Planning Commission approved the first conditional
use permit to allow the school, then known as Walnut Valley Christian Academy,
to build a new campus on a 20-acre site. The school was originally approved to
have an enrollment of 1,040 students with a staff of 100.
On June 26, 1997, the Commission approved a revision to the conditional use
permit allowing for expansion of the school onto an adjacent 10-acre tract.
Enrollment stayed at 1,040 and employee numbers increased to 110.
On September 3, 1998, the Commission approved a second revision to the
conditional use permit allowing for a change in the phasing plan and an increase
in enrollment to 1,100 students. Employee numbers stayed at 110.
On May 11, 2000, the Commission approved a third revision to the conditional
use permit allowing for the introduction of a new phase. The site stayed at 30±
acres and enrollment and employee numbers stayed at 1,100 and 110
respectively.
On January 9, 2003, the Commission approved a fourth revision to the
conditional use permit allowing for expansion onto an adjacent 20-acre tract;
resulting in a total of 50± acres. The revision allowed for expansion of the school
and an increase in student enrollment and employee numbers to 1,700 and 170
respectively. The plan included the introduction of several new buildings, a track
and practice field, a baseball field and additional parking. Some of the
previously approved buildings were relocated under the new plan.
The school is now proposing a revision to the C.U.P. allowing for a slight
increase in student population and building square footage. The phases for
future construction have been revised to accommodate the school’s current and
projected needs. The student and faculty/staff numbers are now proposed as
2,058 and 220 respectively. The total building square footage is proposed to
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
6
increase from 264,924 square feet to 309,424 square feet. The baseball field
has been eliminated from the plan and the practice field and track have been
relocated from the front of the site to the rear. There is some slight modification
of the driveways and parking. The second driveway has been relocated farther
from the west property line and widened into more of a primary entrance. A
traffic signal will be installed at this entrance.
The existing building summary and proposed phased construction plan are as
follow:
EXISTING BUILDINGS
ELEMENTARY BUILDING 39,424 S.F.
MIDDLE SCHOOL BUILDING 23,000
ACTIVITIES BUILDING 15,200
GYM 20,000
ADMIN 2,900
MULTIPURPOSE BUILDING 15,500 S.F.
FUTURE BUILDINGS
PHASE 1
ATHLETIC TRAINING 7,000 S.F.
SCIENCE BUILDING 15,000 S.F.
PHASE 2
DROP-OFF/PICK-UP MODIFICATIONS
CANOPY/PAVILION SYSTEM
PHASE 3
PRACTICE FIELD AND TRACK
PARKING
ADMINISTRATION BLDG. ADDITION 1,400 S.F.
PHASE 4
HIGH SCHOOL CLASSROOM ADDITIONS 20,000 S.F.
PHASE 5
HIGH SCHOOL ADDITIONS 55,000 S.F.
PHASE 6
GYMNASIUM 35,000 S.F.
ADDITIONAL PARKING AND DRIVES
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
7
PHASE 7
AUDITORIUM 45,000 S.F.
PHASE 8
KINDERGARTEN BUILDING 15,000 S.F.
TOTAL CAMPUS AREA 309,424 S.F.
The proposed break-down of classrooms by grade is as follows:
EARLY CHILDHOOD
# OF
CLASSES
X
STUDENTS
PER
CLASS
# OF STUDENTS
KINDERGARTEN – 4 yr old 5 X 15 75
KINDERGARTEN – 5 yr old 7 X 18 125
1ST GRADE 7 X 20 140
ELEMENTARY
2ND GRADE 7 X 22 154
3RD GRADE 7 X 22 154
4TH GRADE 7 X 22 154
5TH GRADE 7 X 22 154
MIDDLE SCHOOL
6TH GRADE 7 X 22 154
7TH GRADE 7 X 22 154
8TH GRADE 7 X 22 154
HIGH SCHOOL
9TH GRADE 8 X 20 160
10TH GRADE 8 X 20 160
11TH GRADE 8 X 20 160
12TH GRADE 8 X 20 160
2058 – TOTAL STUDENTS
220 – TOTAL FACULTY/STAFF
The school is proposing to maintain the one existing monument sign and will not
request additional ground-signs on Cantrell Road. Currently, the school does not
have building signage. If they decide to add additional signage on the buildings,
it will be limited to a single wall sign per building which complies with the sign
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
8
ordinance. The Phase I building construction will closely resemble the school’s
current design, consisting of a combination of metal siding and white masonry
veneer with sloping silver metal roofs. Future phases will likely use more
masonry veneer and less metal siding while maintaining the use of sloping metal
roofs.
The school is requesting, and staff is supporting, a deferral of sidewalk
construction on Cantrell Road until Phase V or development of adjacent
properties. The school is also requesting and staff is supporting, deferral of curb
and gutter along the Phase I driveway and use of a gravel parking lot until Phase
III. Under Phase III, the practice field is moved to its permanent location as
shown on the master plan and the permanent paved parking can be completed.
The west half of the property is not in the city limits. It is an “island” surrounded
by the corporate limits. Staff believes it is appropriate to require annexation of
this portion of the school campus. As it is, there will be confusion for emergency
service providers. It is not beneficial to the school to have half of its campus in
the city and half out.
Based on the City’s current sewer policy, since the site is contiguous to the city
limits, the site must be annexed in order to obtain sewer service.
Other than for the annexation issue, to staff’s knowledge, there are no
outstanding issues. On November 17, the applicant submitted responses to
issues raised at Subdivision Committee and reflected in the analysis above.
There is no bill of assurance for this property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested revised 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 staff report; including installation of a traffic signal on Cantrell
Road in conjunction with the Phase I driveway.
2. The portion of the school campus that is currently not in the city limits must
be annexed prior to Phase I being constructed.
Staff recommends approval of the requested deferral of sidewalk construction on
Cantrell Road until Phase V or development of adjacent properties, whichever
occurs first.
Staff recommends approval of the requested deferral of curb and gutter along
the Phase I driveway and use of a gravel parking lot until Phase III.
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
9
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was present. There were no registered objectors present. Staff
requested that the item be deferred to the February 3, 2005 Agenda to allow for
further study of access issues. The applicant had previously agreed to the
deferral. There was no further discussion.
The item was placed on the Consent Agenda and deferred to the February 3,
2005 meeting by a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The application has been modified slightly. A 5.19± acre parcel at the southwest
corner has been removed from the plan. There are no specific plans for that
parcel, although it is anticipated that some sort of office rezoning request will be
proposed at a later date. The new driveway is now being shown as entering the
school campus from the west. The driveway will tie into a new collector street
which will be built west of the campus. The new street and school access will be
constructed to coincide with phase I of the campus plan. This new street will be
signalized at its intersection with Cantrell Road. City Staff, the adjacent land
owner and the school have all agreed to the new plan. Due to the change in the
driveway alignment, a total of 680 parking spaces will be provided on site, not
693 as originally proposed. The total parking requirement is still 558 spaces. No
changes are proposed in the other elements of the plan; including phasing,
student and faculty numbers and buildings.
Below is a summary of the joint access basic design elements agreed to by the
parties.
1. LRCA-Pfeifer shared access to a new traffic signal controlled intersection on
Highway 10 at the location Pfeifer has proposed for the collector street
(Northwest Territory Parkway). This would be without affecting the location of
the existing Wal-Mart truck drive on the south side of Hwy. 10. The traffic
signal operation would utilize what is termed as “split-phasing”, with the north
and south legs operating as distinct separate signal phases. This will permit
dual left-turning movements southbound to eastbound onto Hwy. 10. This
will also allow left turns from the Wal-Mart truck drive to be served by the
traffic signal, but green time would only be called for northbound to
westbound left turn vehicle demand (northbound right turns would be in
available gaps with right-turn-on-red).
2. LRCA Drive would be constructed to a 4-lane width and intersect Northwest
Territory Parkway approximately 500 feet north of Hwy. 10. As necessary,
LRCA will employ off-duty police officers to direct traffic at the intersection of
Northwest Territory Parkway and LRCA Drive.
February 3, 2005
ITEM NO.: F (Cont.) FILE NO.: Z-6079-E
10
3. Future east-west commercial drive access to Northwest Territory Parkway will
be permitted at approximately 250 feet north of Hwy. 10 (subject to working
out the Entergy ownership issue) to serve the out parcels on the south edge
of the LRCA site.
4. Northwest Territory Parkway would be constructed to a 4-lane width north
from Hwy. 10 to some distance past the proposed Northwest Territory Court
intersection to the west. This will allow separate (side-by-side, opposite-
direction) left turn lanes to Northwest Territory Court and to LRCA Drive so
there is no center left turn lane use conflicts in the offset area between the
two intersections. Alternately, Northwest Territory Court could be re-aligned
to intersect Northwest Territory Parkway further north and thereby provide
sufficient distance between the offset intersections to allow bi-directional left-
turn lane usage.
5. No changes would be made to the existing LRCA Boulevard intersection with
Hwy. 10. LRCA would effect all left in and left out movements at the signal
controlled intersection (Northwest Territory Parkway intersection with Hwy.
10), not at LRCA Boulevard and Hwy. 10 during AM arrival and PM dismissal
peak school periods. LRCA Boulevard and Hwy. 10 would not be controlled
by off-duty police officers.
6. The only access to Hwy. 10 between Northwest Territory Parkway and LRCA
Boulevard would be a single right-in-right-out access drive to the out parcels.
Note that all issues related to Hwy. 10 access are yet subject to concurrence by
Arkansas State Highway and Transportation Department.
Staff is supportive of the modified plan and continues to recommend approval of
the C.U.P. subject to compliance with all staff comments and conditions outlined
in the agenda.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined in the “Staff Recommendation” above. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff; including all staff comments and conditions. The vote was 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: G FILE NO.: Z-6274-A
NAME: Jose’s Nite Club Latino, Inc. – Conditional Use Permit
LOCATION: 9110 I-30
OWNER/APPLICANT: McCoy Building, LLC/Jose Contreras
PROPOSAL: A conditional use permit is requested to allow use of
the existing buildings on this C-4 zoned property as a
special event center/private club.
1. SITE LOCATION:
The site is located northwest of the University Avenue – I-30 interchange;
between Chicot Road and Wanda Lane.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property fronts onto the I-30 Frontage Road and is located in an area
of mixed uses and zoning. Located to the west are an undeveloped,
wooded tract, a vacant commercial building, a mini-warehouse complex
and an apartment development. Adjacent to the north is an apartment
development. A Shriner’s Temple is adjacent to the east. Beyond that
are a single family neighborhood and several commercial uses. The
interstate is located to the south. On the whole, staff believes the
proposed use is compatible with uses and zoning in the area. The
applicant has stated there will be some outdoor uses, utilizing the covered
lumber storage sheds. It is this one aspect of the proposal that concerns
staff, due to the proximity of adjacent apartments and nearby single
family.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the SWLR United for
Progress, Town and Country and South Brookwood Neighborhood
Associations were notified.
3. ON SITE DRIVES AND PARKING:
The site is accessed via a single driveway off of the I-30 Frontage Road.
Parking areas are currently asphalt-paved. Utilizing the parking lot in the
front of the site and striping the paved areas around the buildings will
result in 211 parking spaces. Using the 18,000 square foot building for
assembly functions such as those proposed by the applicant will result in
February 3, 2005
ITEM NO.: G (Cont.) FILE NO.: Z-6274-A
2
the need for 180 parking spaces. The second, 9,375 square foot building
is to be used only for storage. Any change in use of the second building
will require Commission approval to address parking issues.
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: Approved as submitted.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004)
Terry Burruss, Eugenia Williams and Jose Cabrera were present representing
the application. Staff presented the item and noted additional information was
needed, signage and days and hours of operation. Staff asked the applicant to
provide a more detailed description of the proposed use. The applicant was
asked to provide a parking plan and to show the dumpster area and required
screening. Staff asked the applicant to give specifics on use of the second
building and of the proposed outdoor activities using the canopy structures. Staff
voiced concern about having outdoor activities. The applicant responded that
the use was not a night club; that it was a special event center to accommodate
concerts, weddings and debutante parties.
Utility Comments were noted.
February 3, 2005
ITEM NO.: G (Cont.) FILE NO.: Z-6274-A
3
The applicant was advised to respond to staff issues by November 17, 2004.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The C-4 zoned, 3.5± acre tract located at 9110 I-30 was originally developed as
the site of McCoy’s Lumberyard and Home Center. Subsequently, it was
occupied by Waterworld, a marine sales store. The property has been vacant for
some time. The site contains two buildings, an 18,000 square foot sales building
and a 9,375 square foot warehouse; and two covered, unenclosed lumber
storage shed buildings. The site is paved and is enclosed on the north, east and
a portion of the west perimeters by an 8 foot tall, wood privacy fence.
The applicant is requesting approval of a conditional use permit to allow use of
the site for a special event center with events catering primarily to the Hispanic
community. Events would include concerts, debutante parties, weddings and
cotillions. There will also be music by disc jockeys and games such as billiards.
The applicant proposes to use the 18,000 square foot building for the above
uses. The second, 9,375 square foot building is to be used for storage only at
this time. The lumber storage canopies are proposed to be used for a flea
market or outdoor picnics. Other than remodeling the buildings, no changes are
proposed to the site.
The normal operating hours will be as follows:
Thursday – 5:00 P.M. – 12:00 A.M.
Friday – 5:00 P.M. – 2:00 A.M.
Saturday and Sunday – 11:00 A.M. – 2:00 A.M.
Special Use Hours of Operation are as follows:
Friday: 5 p.m. – 2 a.m. Concerts
Saturday 11 a.m. – 6 p.m. Weddings, Parties, Outdoor Flea Market
7 p.m. – 2 a.m. Concerts
Sunday 11 a.m. – 6 p.m. Outdoor Flea Market, Picnics
6 a.m. – 2 a.m. Concerts
The outdoor flea market hours are proposed as 7:00 a.m. – 4:00 p.m.
Signage consists of a single wall sign on the front façade of the building and a
single ground sign. Signage will comply with commercial district criteria.
Screening between this site and the apartments adjacent to the north will be
enhanced by the planting of a dense evergreen screen. There is no bill of
assurance issue.
In general, staff is supportive of the applicant’s proposal. The proposed use
seems to include aspects of a special event center and of a private club with
February 3, 2005
ITEM NO.: G (Cont.) FILE NO.: Z-6274-A
4
dining or bar service. Either use appears to be appropriate for this location. The
property abuts the interstate and is bounded on two sides by commercial and
office/institutional uses. Staff’s primary concern centers around any potential
impact on the adjacent multifamily development from outdoor uses. The site
does have a history of uses which include outdoor activities. With constraints
placed on the nature of outdoor uses associated with this application, the
proposed occupancy could be compatible with uses and zoning in the area.
On November 17, 2004, the applicant submitted responses to issues raised at
Subdivision Committee and reflected in the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit subject to compliance
with the following conditions:
1. Compliance with the comments and conditions noted in Sections 4, 5 and 6
of the staff report.
2. Use of the site for the special event center/private club is to be limited to
building 1; the 18,000 square foot building.
3. Building 2; the 9,375 square foot building is to be used only for storage.
4. Outdoor activities are to be limited to the hours of 7:00 a.m. – 6:00 p.m.
5. There is to be no use of amplified music or speakers outside of the building.
6. All parking areas must be clearly striped to provide the indicated 211 parking
spaces.
7. Additional screening in the form of dense evergreen planting must be
installed along the north perimeter of the site. Plant materials must comply
with those designated by the Code for screening.
8. All required building permits must be obtained for conversion of the building
to accommodate the proposed use.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was present. There were registered objectors present. Staff had
received and forwarded to the Commission a letter of opposition from the South
Brookwood Neighborhood Association. Staff requested that the item be deferred
to allow staff time for further review based on issues raised by the neighbors and
to allow the applicant an opportunity to visit with the neighborhood association.
Terry Burruss, representing the applicant, stated the applicant was already
making payments on the building and a deferral would create a financial
February 3, 2005
ITEM NO.: G (Cont.) FILE NO.: Z-6274-A
5
hardship. Mr. Burruss stated the applicant would listen to the issues and
concerns raised by the neighbors and would try to address them. He stated the
applicant did not want a deferral.
A motion was made to defer the item to the February 3, 2005 meeting. The
motion failed by a vote of 4 ayes, 4 noes and 3 absent.
Later in the meeting, the Commission got down to having only 7 members
present. In line with the Commission’s practice, all remaining applicants were
offered an opportunity to defer. The applicant then requested a deferral.
A motion was made to defer the item to the February 3, 2005 meeting. The
motion was approved by a vote of 7 ayes, 0 noes and 4 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were several persons present; both in support
and in opposition. Staff requested that the item be deferred to allow for further
review. The applicant agreed to the deferral. There was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 17,
2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: H FILE NO.: Z-7758
NAME: Pinnacle Valley Sports Center –
Conditional Use Permit
LOCATION: 8700 Pinnacle Valley Road
OWNER/APPLICANT: Michael Nelson/Kristian Nelson
PROPOSAL: A conditional use permit is requested to allow for
development of a private recreation area containing
multiple ball fields on this R-2 zoned property.
1. SITE LOCATION:
The property is located on the west side of Pinnacle Valley Road; across
from Beck Road and south of the Corps of Engineers Maumelle Park.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The area is characterized by a scattering of single family homes on large
tracts and large areas of undeveloped property and pasture. There are
three parks in the overall area; including Pinnacle Mountain State Park,
the Corps of Engineers Maumelle Park and the City of Little Rock’s Two
Rivers Park. Staff is supportive of this concept and believes the proposed
use could be appropriate for this area. Technical issues such as access,
parking and buffers must be resolved.
All owners of property located within 200 feet of the site, all residents within
300 feet who could be identified and the River Valley P.O.A. were notified of
this request.
3. ON SITE DRIVES AND PARKING:
The site plan shows a single, boulevard-type entry from Pinnacle Valley
Road. A 277 space paved parking lot is proposed to be developed in two
phases. 177 spaces are shown in phase I and 100 spaces in phase II.
The plan includes 4 football fields, 3 baseball fields and 1 soccer field.
The City Parks Department estimates that 42 parking spaces should be
provided per field. The 8 fields would require a total of 336 parking
spaces. Programs on the site will need to be scheduled so that all fields
are not in use at the same time. If this is done, the proposed parking
should be sufficient for the use.
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The overall width of the proposed land use and street buffers meet with
ordinance requirements. The width of the undisturbed part of the land
buffers is required to never be less than 9-feet. Two small sections of the
proposed jogging trail appear to intrude into this minimum width
requirement along the northern and southern perimeter. A minimum of
seventy percent of the land use buffer area is required to remain in its
natural state.
In order to receive credit toward fulfilling the eight percent interior
landscaping requirement, interior islands must be at least 7 ½ feet in width
and 300 square feet in area. Additionally, interior landscaping must be
generally distributed throughout the on-site paved areas.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings, is required where
adjacent to residential properties.
An irrigation system to water landscaped areas will be required.
Prior to a building permit being issued, it will be necessary to provide
approved landscape plans stamped with the seal of a Registered
Landscape Architect.
5. PUBLIC WORKS COMMENTS:
1. Pinnacle Valley Road is classified on the Master Street Plan as a
minor arterial. A dedication of right-of-way 45 feet from centerline will
be required.
2. With site development, provide design of street conforming to the
Master Street Plan. Construct one-additional lane to serve as a turn
lane and a 5-foot sidewalks with planned development.
3. This site is outside the corporate limits but within the planning
boundary. No grading permits or stormwater detention is required.
4. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. For an arterial
street, driveways should be spaced 150 feet from the property
boundary and 300 feet center to center. The width of driveway must
not exceed 36 feet. Island area should be removed.
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Outside service boundary, no comments.
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. 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.
Additional fire hydrant(s) will be required. Contact the Fire Department
having jurisdiction to obtain information regarding the required
placement of the hydrant(s) and contact Central Arkansas Water
regarding procedures for installation of the hydrant(s).
Approval of the City of Little Rock will be required prior to service to
this facility.
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: Place fire hydrants per code. Provide approval from
local Volunteer Fire Department, which serves this area.
County Planning: Not approved as submitted.
CATA: The site is not located on a CATA bus route.
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
4
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 11, 2004)
Kristian Nelson, David Colbert and Keith Miller were present representing the
application. Staff presented the item and noted there was additional information
needed regarding building design, setbacks, building area, signage, typical days
and hours of use, site lighting, phasing and fencing. Staff asked the applicants
to locate dumpsters and screening, to provide the number of parking spaces and
to show dimensions of the spaces and driveway and to label the unidentified
elements on the plan. Staff informed the applicants that the convenience store
needed to be eliminated from the plan or the application would have to be refiled
as a rezoning. Staff told the applicants to provide written comments and
approval from the local Volunteer Fire Department which serves the area.
Public Works, Landscaping and Utility Comments were presented and
discussed.
Staff noted that the site plan submitted by the applicant was unacceptable for a
variety of reasons. Staff presented a revised sketch plan which had been
prepared by the staff of the Parks Department. Staff noted the merits of the
revised plan and suggested the applicants revise their plan to more closely follow
the plan proposed by staff. Mr. Nelson agreed and stated he had already met
with the Parks Department Staff.
The applicants were advised to continue working with neighborhood residents; to
address their concerns. The Committee directed the applicants to respond to
staff issues by November 17, 2004. The item was forwarded to the full
Commission.
STAFF ANALYSIS:
The applicant, representing the Pinnacle Valley Youth Sports Center, is
requesting approval of a conditional use permit to allow for development of a
multi-field sports complex on this R-2 zoned, 24.7± acre tract. Much of the site is
used as pasture, with the rear portion of the site being heavily wooded.
The proposed sports park includes 4 football fields, 3 baseball fields, 1 soccer
field, 2 volleyball courts and 2 open-air basketball courts. Also included is a 277
space paved parking lot, restroom and concession buildings, an open air pavilion
and an 8’ wide jogging trail. The facility will focus primarily on programs for
children ages 5-12 but will also have adult flag football and softball programs.
Phase I consists of 3 little league football fields, 3 baseball fields, the concession
and restroom buildings, 177 paved parking spaces and the entry drive. Phase II
consists of an additional 100 paved parking spaces, the soccer field, basketball
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
5
and volleyball courts and a combination little league/regulation size football field.
Each of the playing fields will also have bleachers and lighting.
The applicants did submit a revised plan based on the model prepared by City
Staff. The open air pavilion and restroom building will each be one story in
height and will have 8/12 sloped green metal roofs and stone and natural wood
exteriors. The two-story, 8,000 square foot restroom-concession-administration
building will have similar architecture. Parking lot lighting consists of 400 watt
metal halide lighting on 30-foot poles at 90 feet spacing. The lighting will be
shielded downward, into the site. The field lighting is also to be on 30-foot poles
with wattage and spacing as needed to light the fields. Three dumpster areas
are located on the plan, to be screened as required by Code. Fencing will
consist only of 5-foot chainlink fencing around the baseball fields except for the
outfield fencing which will be a 6-foot solid wood fence and the chainlink
backstops. Although not shown on the plan, staff anticipates the entry driveway
will be gated to prohibit after-hours intrusions. Landscape areas will be provided
and irrigated to comply with ordinance standards. The perimeter buffers comply
with ordinance requirements. A letter has been received from the West Pulaski
Fire Protection District voicing no opposition to the project if all required water
lines and hydrants are installed. Signage consists of a single 4’ X 10’ stone and
cedar ground sign at the entrance, signage on the interiors of the outfield fences
and directional signage on the site. There is no bill of assurance.
Staff is supportive of the proposed sports center. There is a need for additional
youth sports fields which has only been compounded by the recent loss of the
Highway 10 fields near the Joe T. Robinson School campus. The complex is
proposed to be located in an area which already has several parks; including
Two Rivers Park, Maumelle Corps of Engineers Park and Pinnacle Mountain
State Park. In 1994, a 233.6 acre tract located just south of this site was
rezoned from R-2 to AF in conjunction with a proposal to develop the site as a
golf course. The golf course was to include a 250 space parking lot, lighted
practice range and a club house/proshop/snack bar. That development did not
occur. This applicant proposes to retain the wooded buffers on the perimeters
where woods exist and to install trees and dense evergreen plantings where
otherwise needed. Hours of operation for the administration building are 8:00
a.m. – 5:00 p.m., Monday through Friday. Game hours, when the fields will be in
use, are 5:00 p.m. – 9:00 p.m., Monday through Friday and 10:00 a.m. – 2:00
p.m., Saturday. There will also be occasional use during the day on Sundays.
The applicant is proposing widening Pinnacle Valley Road by one lane in front of
the site to provide a turn lane.
The applicant is requesting no variances and staff’s support is predicated on
each phase of the project being completely developed as per the site plan prior
to any use of the site. Programming of activities must be such that a parking
ratio of 40± parking spaces per active field is maintained. Activities are
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
6
scheduled to end at 9:00 p.m., Monday through Friday. Lighting of the fields
should be shut-off no later than 9:30 p.m. and parking lot lighting should be
reduced at that time to the minimum needed for security purposes.
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 staff report.
2. Compliance with the approved site plan and phasing plan.
3. There is to be no activity on the site without complete development of
each phase.
4. Existing wooded areas to be preserved on the perimeters of the site are to
be marked and protected by temporary fencing throughout the
construction project. This is to be coordinated with staff prior to any
grading, clearing or construction on the site.
5. Field lighting is to be turned off no later than 9:30 p.m. Parking lot lighting
is to be reduced by 10:00 p.m. to the minimum level required for security.
6. Programming of activities on the site is to be such that a parking ratio of
40 parking spaces per active field is maintained.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The applicant was present. There were several objectors present. Staff had
received and forwarded several letters and e-mails in opposition. Staff had
received 3-4 telephone calls in support.
Only 7 commissioners present. In line with the Commission’s practice, the
applicant was offered the opportunity to defer the item. The applicant requested
the deferral and stated he would try to meet with the neighbors.
A motion was made to defer the item to the February 3, 2004 meeting. The
motion was approved by a vote of 7 ayes, 0 noes and 4 absent.
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
7
STAFF UPDATE:
In response to concerns raised by neighborhood residents, the applicant has
scaled-back the proposed sports center development. The project is still
proposed to be built in two phases and the phase lines remain where previously
indicated.
Phase I now consists of three (3) fields that will be used for both baseball and
football, the entry drive and 177 parking spaces, the restroom building, open air
pavilion and two-story concession/administration building. The three (3) football
fields originally shown near the entrance have been eliminated from the plan. A
horse corral that exists in that area will remain.
Phase II now consists only of the additional 100 parking spaces, 2 outdoor
basketball courts and 2 volleyball courts. The remainder of the property in the
Phase II area will remain undeveloped and undisturbed.
The jogging trail remains on the plan. It meanders through the Phase I portion
and around the developed area in Phase II.
No other changes are proposed to the site plan.
The three (3) playing fields will only be used on Tuesdays, Thursdays and
Saturdays. One game will be scheduled on each field on Tuesdays and
Thursdays. The games typically start at 6:30 p.m. Field lights will be turned off
no later than 9:30 p.m. Two games will be played on each field on Saturdays.
These games typically start at 10:00 a.m. The children playing at the park will be
between 5-12 years of age. Registration will be capped at 300 children. Staff
assumes that cap applies to each activity; baseball and football.
Staff is supportive of the revised plan and recommends approval of the C.U.P.
subject to compliance with the comments and conditions outlined in the “Staff
Recommendation” above.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant, Kristian Nelson, was present. There were several persons
present; in support and in opposition. Several letters and e-mails of opposition
had been received by staff and forwarded to the Commission. Staff presented
the item and a recommendation of approval.
Kristian Nelson presented a copy of a petition signed by several area residents in
support of the proposal. He stated the ball fields were needed to replace those
lost by the closing of the Highway 10 fields. He stated he was surprised at the
neighbors’ opposition but he understood their concerns. Mr. Nelson stated he
had scaled-back the development in response to those concerns. He stated,
because of the delay in this application, Deltic Timber had allowed use of the
Highway 10 facility for one more baseball season. He stated many children
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
8
would be able to play at this facility without having to pay any registration; that
the important thing was to provide a place for the children to play.
In response to a question from the Commission, Mr. Nelson stated much of the
upfront costs would be donated due to family and corporate support. He stated
he would establish a nonprofit organization and would seek donations.
Architect Keith Miller spoke in support. He stated he had been inspired by
Mr. Nelson’s vision and had donated his work on the project. Mr. Miller stated
there was support from other engineers and contractors to see the vision
realized. He stated the park would provide uses that would be available to area
residents. Mr. Miller stated parking and traffic issues were minimal and lighting
would be aimed downward and into the site. He stated money would be raised
to build the facility but zoning approval was first needed.
Ken Brock, of 13010 County Farm Road, stated he was opposed due to traffic
concerns. He stated no one in the area supported the proposal but Mr. Nelson’s
family. Mr. Brock stated proposed soccer fields were removed from Two Rivers
Park because of traffic concerns.
Stan Nowicki, of 10814 Pinnacle Valley Road, spoke in opposition and presented
a petition signed by persons in the area who were also opposed. He also voiced
concern about traffic; particularly the possibility of emergency vehicles being
hampered by ballpark traffic. He raised questions about septic tanks, the
number of people and who would be the responsible party.
Tommy Williams, of 27 River Estates Cove, spoke in opposition. He described
neighborhood meetings that had taken place and made note of what he
considered to be inaccuracies in Mr. Nelson’s summary of those meetings.
Mr. Williams stated there was no widespread support among area residents for
this proposal. He also voiced traffic concerns.
Gary Aday, of 8112 Pinnacle Valley Road; spoke in opposition. He questioned
whether this was the best use of the property. He also voiced traffic and access
concerns.
In response to a question from the Commission, Mike Hood of Public Works
addressed Pulaski County’s plans to make some improvements to Pinnacle
Valley Road. He stated the traffic count of Pinnacle Valley Road at Highway 10
was 2,500 vehicles per day. Mr. Hood stated the two-lane road could
accommodate up to 5,000 vehicles per day. Mr. Hood stated traffic created by
the sports complex would not be that bad on an average daily basis; that there
would be a couple of peak times that might cause some inconvenience.
February 3, 2005
ITEM NO.: H (Cont.) FILE NO.: Z-7758
9
In response to a question from the Commission, staff responded that compliance
with the comments from Pulaski County were a condition of the recommendation
of approval.
In response to statements concerning a septic system, Mr. Miller stated the
required engineering would be done and the site would perk.
A motion was made to approve the application with all staff comments and
conditions. The motion was approved by a vote of 6 ayes, 4 noes and 1 absent.
February 3, 2005
ITEM NO.: I FILE NO.: MSP04-06
Name: Little Rock Bicycle Trail Master Plan 2004 Map and Text Update
Location: Citywide
Request: Revision to Section 6 of the Master Street Plan titled “Bicycle Plan”
and revision to the “Map” throughout the City Planning area
Source: Staff
Staff requests to defer this item to the February 3, 2003 agenda for further
review.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The item was placed on the consent agenda for deferral to the February 3, 2005
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
Staff requests to withdraw this item without prejudice. This will allow more time
to include additional information into the plan.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The item was placed on the consent agenda for withdrawal without prejudice. A
motion was made to approve the consent agenda and was approved with a vote
of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: J FILE NO.: MSP04-07
Name: Little Rock Bicycle Trail Master Plan 2004 Map and Text Update
Location: Citywide
Request: Revision to Section 7 of the Master Street Plan titled “Authority
Jurisdiction and Enforcement” concerning dedication and
construction of bicycle paths or routes.
Source: Staff
Staff requests to defer this item to the February 3, 2003 agenda for further
review.
PLANNING COMMISSION ACTION: (DECEMBER 16, 2004)
The item was placed on the consent agenda for deferral to the February 3, 2005
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
Staff requests to withdraw this item without prejudice. This will allow more time
to include additional information into the plan.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The item was placed on the consent agenda for withdrawal without prejudice. A
motion was made to approve the consent agenda and was approved with a vote
of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: K FILE NO.: S-969-E
NAME: Chenal Commercial Park II Revised Preliminary Plat
LOCATION: Located on the Northeast corner of Chenal Parkway and Wellington
Hills Road
DEVELOPER:
Dietz and Bowman Realtors
4221 Richard
North Little Rock, AR 72117
ENGINEER:
The Mehlburger Firm
201 South Izard Street
P.O. Box 3887
Little Rock, AR 72203
AREA: 13.619 acres NUMBER OF LOTS: 6 FT. NEW STREET: 380 LF
CURRENT ZONING: C-2, Shopping Center District
PLANNING DISTRICT: 19 – Chenal Planning District
CENSUS TRACT: 42.10
Variance/Waivers:
1. A variance from the Land Alteration Ordinance to allow grading of the entire site
without imminent construction plans for the portion of the site containing 5.97 acres
and five proposed lots.
2. A variance from the Subdivision Ordinance to allow a commercial cul-de-sac street.
3. A variance from the Subdivision Ordinance to allow lots with reduced street frontage
for Lots 2 – 6.
4. An in-lieu contribution for storm water detention.
A. PROPOSAL/REQUEST:
A preliminary plat was approved for the Chenal Commercial Park Subdivision on
March 15, 1993, which allowed for the creation of 6 lots. This 13.6 acre site was
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
2
shown on the approved preliminary plat as Lot 6 of the Chenal Commercial Park
Subdivision. Lots 3 and 5 of the Chenal Commercial Park have been final
platted (August 31, 1995 – Lot 5 and July 24, 1998 – Lot 3). Lot 3 remains
undeveloped, while Lot 5 was developed as a multi-family apartment complex.
Wellington Hills Road, which bisects the commercial subdivision, has been
constructed and currently provides access to the Villages of Wellington
Subdivision located to the north.
The applicant now proposes the subdivision of this 13.619-acre tract indicated as
Lot 6 on the Chenal Commercial Park Subdivision into six lots, which are zoned
C-2, Commercial Shopping District. One of the indicated lots contains 7.64
acres and the remaining 5.97 acres is to be developed as a five lot commercial
subdivision, accessed by a proposed cul-de-sac off of Chenal Parkway. The
seven-acre tract is proposed to have two access points. One access drive is
proposed off of Chenal Parkway, and the other from Wellington Hills Road.
The applicant has indicated a deceleration lane that begins east of the proposed
cul-de-sac, with a full width turn lane extending uninterrupted to Wellington Hills
Road. The plans also include development of the Chenal Parkway and
Wellington Hills Road intersection. The applicant is requesting the City provide
and install signalization improvements at the intersection.
The applicant has indicated the developer has immediate plans for the
development of the 7.64-acre tract (proposed Lot 1) but does not have
immediate plans for the remainder of the site. The applicant has indicated the
5.97 acre tract will be marketed as a single site or as individual lots not to exceed
five lots. The applicant is requesting to perform earthwork throughout the 13.619
acres. The applicant has indicated the 7.64 acre tract consists of terrain that will
result in excess cut material that is needed to fill the lower areas within the 5.97
acre or proposed five lot subdivision area. The applicant has indicated a 35-foot
buffer along Chenal Parkway and a 40-foot buffer along Wellington Village Road.
The applicant has indicated the intent is to retain existing trees throughout both
buffers, except they propose to remove underbrush, and 8 inch and smaller
caliper trees from within the buffers.
The applicant is seeking three variances from existing City ordinances. The
applicant is requesting a variance from the Land Alteration Ordinance to allow
advanced grading of the site. The applicant has indicated the cut material from
proposed Lot 1 will be utilized to fill proposed Lots 2 – 6. The applicant is
seeking a variance from Section 31-285 of the Subdivision Ordinance. The
ordinance states cul-de-sac streets shall not be permitted as termination devises
for commercial streets. The applicant is also requesting a variance to allow lots
with a reduced street frontage. The site is zoned C-2, Shopping Center District.
The ordinance requires C-2, Shopping Center District zoned properties to have
lots with not less than three hundred feet of district frontage on at least one
abutting street, whether for single or multiple building/lot development.
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
3
The applicant is also requesting an in-lieu contribution for the required storm
water detention.
B. EXISTING CONDITIONS:
The site is located on the corner of Chenal Parkway and Wellington Hills Road.
Chenal Parkway is a divided roadway with the westbound lanes located adjacent
to the site. A traffic light and median break are proposed for the intersection
however, there is not currently a break in the median to allow eastbound travel at
this location.
There is a large multi-family complex located to the northeast of the site and
Parkway Village Retirement community is located further to the east. To the
north of the site is a vacant tract zoned O-3. To the west of the site across
Wellington Hills Road is a tract zoned PDC to allow the development of the
Saturn automobile dealership.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received one informational phone call from an area
resident. The abutting property owners along with the St. Charles Property
Owners Association, the Parkway Place Neighborhood Association and the
Margeaux Place Property Owners Association were notified of the public hearing.
D. ENGINEERING COMMENTS:
1. Dedication of additional right-of-way and construction of a right-turn lane per
ASHTO standards will be required for Wellington Hills Road and Dietz Road.
Turn lanes may need to be lengthened depending on future drive locations.
2. Sidewalks with appropriate handicap ramps are required in accordance with
Section 31-175 of the Little Rock Code of Ordinances and the Master Street
Plan.
3. A grading permit in accordance with Section 29-186 (c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading and drainage plans will need to be submitted and approved prior to
the start of construction.
4. Storm water detention ordinance applies to this property.
5. Prepare a letter of pending development addressing streetlights as required
by Section 31-403 of the Little Rock Code of Ordinances. Contact Traffic
Engineering at (501) 379-1813 for more information.
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
4
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, if service is required
for Lots 2, 3 and 6. Contact Little Rock Wastewater Utility at 688-1414 for
additional information.
Entergy: A ten-foot underground or 15-foot overhead easement is required around
the perimeter of the property and adjacent to the interior street. Contact Entergy
at 945-5158 for additional information.
Center-Point Energy: No comment received.
SBC: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the
time of request for water service must be met. A 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. A water main extension will be
required in order to provide service to this property. If there are facilities that need
to be adjusted and/or relocated, contact Central Arkansas Water. That work
would be done at the expense of the developer. 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: Approved as submitted.
County Planning: No comment.
CATA: The site is not located on a CATA bus route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (December 29, 2004)
The applicant was not present. Staff stated they had previously met with the
applicant and provided them with comments, which needed addressing. Staff
stated due to a scheduling conflict the applicant was unable to attend the
Subdivision Committee meeting after the meeting was rescheduled.
Staff presented an overview of the proposed request indicating the request was
for the subdivision of a tract into six lots. Staff stated the area was previously
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
5
approved as a preliminary plat for a single lot but neither development nor final
platting had occurred. Staff stated the site was currently zoned C-2, Shopping
Center District which typically required a minimum lot size of five acres. Staff
stated through an overall development plan, lots less than five acres could be
established and reviewed by the Planning Commission.
Staff noted comments from the various reporting departments and agencies and
there was no further discussion of the item. The Committee then forwarded the
item to the full Commission for final action.
H. ANALYSIS:
The applicant submitted a revised plat to staff addressing most of the issues
raised at the December 29, 2004, Subdivision Committee meeting. The
proposed site plan includes the placement of a turn-around on the existing drive
located along the eastern property line. The applicant has indicated the drive will
not be extended through the platting of this site. The applicant has indicated the
subdivision of 13.619 acres into six lots. The lots are currently zoned C-2,
General Commercial District which typically requires a lot size of five acres
except where a subdivision plan and plat proposing peripheral lots and multiple
ownership is approved by the Planning Commission. The applicant has
indicated the lots range in size from 7.64 acres to 0.88 acres. The applicant has
indicated Lot 1 will contain 7.64 acres and the remaining 5.97 acres will be
subdivided into no more than five lots or held as a single tract. The proposed
average lot size of Lots 2 – 6 is 1.15 acres. The applicant has also indicated a
40-foot building line adjacent to the street sides for the indicated lots.
The applicant has indicated street improvements will be constructed to Chenal
Parkway and Wellington Village Road per the City and Master Street Plan
requirements. The developer is proposing to “punch through” the median of
Chenal Parkway allowing for access to the eastbound lane. The applicant has
indicated all improvements will be in roadway construction and is requesting the
City install the proposed traffic signal at the intersection. The City is not currently
prepared to install a traffic signal at this location.
The applicant is requesting an in-lieu contribution for storm water detention. The
applicant has indicated the proximity of the Rock Creek to the site and states
storm water detention would only hinder the peak flows rather than enhance the
peak flows. The applicant has indicated storm water would be detained only to
be released at the time the peak flows from the watershed reach the discharge
site. Staff is not supportive of this request. Staff feels the required storm water
detention facilities should be placed on the site per ordinance requirement.
The applicant has indicated the proposed driveway locations on the preliminary
plat. The applicant has indicated shared drives in a few locations and individual
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
6
drives in other locations. Staff would recommend drives be shared on the lot
lines of Lots 2 and 3 and Lots 4 and 5 (as indicated). Staff would also
recommend the drive on proposed Lot 6 align with the drive shared by Lots 2
and 3.
The applicant is requesting a variance to allow lots to develop with a reduced lot
frontage. The ordinance requires lots to have a 300-foot district frontage on at
least one abutting street for each lot. The proposal includes the development of
Lots 2 – 6 with less than the minimum district frontage required. Staff is
supportive of this requested variance to allow a reduced lot frontage abutting a
street.
The proposal includes the placement of a cul-de-sac street 380-feet in length to
serve Lots 2 – 6. The Subdivision Ordinance specifically states commercial
streets must not terminate in a cul-de-sac street. The applicant is requesting a
variance to allow the development of the indicated cul-de-sac street as
proposed. The street will be constructed to Commercial Street standard or 36-
feet of paving in a 60-foot right-of-way. Staff is supportive of this requested
variance. The applicant has indicated the roadway per commercial standard and
staff does not feel the placement of a cul-de-sac street to serve the proposed
lots will have any adverse impact on adjoining properties.
The applicant has indicated the development will be constructed in two phases
with proposed Lot 1 being constructed in the first phase. The developer is
requesting a variance from the Land Alteration Ordinance to allow advanced
grading of proposed Lots 2 – 6 with the development of proposed Lot 1. The
applicant has indicated the site is such that the cut material from Lot 1 will be
used as fill material for proposed Lots 2 – 6. The developer has indicated to
allow the advanced grading will balance the cut-and-fill; reducing the amount of
dirt to be hauled off the site only to reenter the site upon development of the
future phase. Staff is not supportive of this request. Staff feels the Land
Alteration Ordinance was put in place to prevent scarring of lands, which would
have a negative impact on adjoining properties. Staff feels without development
plans for the indicated area, advanced grading should not be allowed.
Staff is supportive of aspects of the proposed preliminary plat but is not
supportive of the requested variance from the Land Alteration Ordinance or the
requested in-lieu contribution for storm water detention. In addition, the City is
not prepared to fund a traffic signal as requested by the developers at the
intersection of Chenal Parkway and Wellington Hills Road. At this time, there
are too many outstanding issues associated with the proposed request for staff
to recommend approval of the proposed preliminary plat. Staff will continue to
work with the applicant prior to the public hearing to resolve as many issues as
possible. At this time staff recommends denial of the request as filed.
February 3, 2005
ITEM NO.: K (Cont.) FILE NO.: S-969-E
7
I. STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (JANUARY 20, 2005)
The applicant was not present. There were no registered objectors present. Staff
stated they were requesting the item be deferred to the February 3, 2005, Public
Hearing to allow the item to be discussed with a Conditional Use Permit which had
been filed for one of the proposed lots.
There was no further discussion of the item. The chair entertained a motion to place
the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0
no and 1 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item indicating the applicant and staff had
resolved the outstanding issues associated with the proposed storm water detention
and the waiver request from the Land Alteration Ordinance. Staff resented a
recommendation of approval of the applicant's requested preliminary plat subject to
compliance with the conditions outlined in paragraphs D, E and F of the above report.
Staff also presented a recommendation of approval of the applicant's requested
variances to allow the development of a commercial cul-de-sac street and to allow the
development of Lots 2 - 6 with reduced street frontages.
There was no further discussion of the item. The chair entertained a motion to place
the item for inclusion on the consent agenda for approval. The motion carried by a vote
of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: 1 FILE NO.: G-23-341
Name: West 10th Street – Right-of-Way Abandonment
Location: Between Spring and Broadway Streets
Owner/Applicant: EZ Financial Management, LLC/Tim Heiple
Request: To abandon a 70-foot portion of the 60-foot
wide West 10th Street right-of-way, immediately
west of the alley right-of-way within Block 109,
Original City of Little Rock.
Purpose: To utilize the area of abandonment as parking
for a new commercial development on the
adjacent property to the north.
STAFF REVIEW:
A. Public Need for this Right-of-Way
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Several of the utilities request
that all or part of the area of abandonment area be retained as a utility
easement. The Public Works comment is as follows:
1. No objection to proposed right-of-way abandonment.
B. Master Street Plan
The Master Street Plan would classify West 10th Street as a local road.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan, as it is not classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain
This portion of West 10th Street right-of-way is currently a narrow paved
dead-end street, with curb and gutter. The street does not intersect with
Broadway Street, as the property immediately west of the dead-end is
Highway Department right-of-way (I-630).
D. Development Potential
The right-of-way abandonment is proposed in association with
redevelopment of the southwest quarter of the block to the north.
Variances associated with proposed development of the adjacent property
to the north are on the Board of Adjustment’s January 31, 2004 Agenda.
February 3, 2005
ITEM NO.: 1 (Cont.) FILE NO.: G-23-341
2
E. Neighborhood and Land Use Effect
There is a mixture of office and commercial uses in this general area.
The property immediately to the north is proposed for commercial
redevelopment. The I-630 right-of-way is located immediately to the south
(Service Road). Abandoning this portion of West 10th Street right-of-way
will have no adverse impact on the general area. The alley within Block
109, Original City of Little Rock will remain open and serve as access to
all the properties within the block.
F. Neighborhood Position
The Downtown and East of Broadway Neighborhood Associations were
notified of the abandonment request. As of this writing, staff knows of no
objectors to the proposed abandonment.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain area as an
easement for existing sewer main.
Entergy: No comment received as of this date.
CenterPoint Energy: CenterPoint Energy has a 2” gas line in this area.
Retain a utility easement, 5 feet on each side of line with
ingress/egress.
Southwestern Bell: No comment received as of this date.
Central Arkansas Water: Central Arkansas Water has a 16-inch main and
an 8-inch main in this right-of-way. We have no objection to the
closure of this street; however, we request that the entire right-of-way
be retained as a utility easement.
H. Reversionary Rights
All reversionary rights extend to the adjacent property owner to the north.
I. Public Welfare and Safety Issues
Abandoning this street right-of-way will have no adverse effect on the
public welfare and safety. The Little Rock Fire Department submitted no
negative comments to the proposed abandonment.
February 3, 2005
ITEM NO.: 1 (Cont.) FILE NO.: G-23-341
3
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
The applicant was not present. Staff presented the proposed right-of-way
abandonment. Staff described the proposed development of the property
immediately to the north, noting that it is pending before the Board of
Adjustment. Staff noted that there were no outstanding issues associated with
the abandonment request. Staff also noted that the area would be retained as a
utility and drainage easement.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed West 10th Street right-of-way
abandonment, subject to the entire area of abandonment being retained as a
utility and drainage easement.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was approved.
February 3, 2005
ITEM NO.: 2 FILE NO.: G-23-342
Name: Schiller Street – Right-of-Way Abandonment
Location: Between Maryland Avenue and Interstate 630
Owner/Applicant: Children’s Hospital and Union Rescue Mission/
McClelland Consulting Engineers, Inc.
Request: To abandon that portion of the 60-foot wide
Schiller Street right-of-way located between
Maryland Avenue and I-630.
Purpose: For use as a private service drive for new
Children’s Hospital development.
STAFF REVIEW:
A. Public Need for this Right-of-Way
As noted in paragraph G. of this report, all of the public utility companies
consent to the right-of-way abandonment. Several of the utilities request
that all or part of the area of abandonment be retained as a utility
easement. The Public Works comment is as follows:
1. No objection to proposed right-of-way abandonment.
B. Master Street Plan
The Master Street Plan would classify Schiller Street as a local road.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan, as it is not classified as a collector street or higher.
C. Characteristics of Right-of-Way Terrain
This portion of Schiller Street is currently a narrow two-lane paved road
with no curb and gutter.
D. Development Potential
Once abandoned, the applicant proposes to use the area of abandonment
as a private service drive for new Children’s Hospital development.
February 3, 2005
ITEM NO.: 2 (Cont.) FILE NO.: G-23-342
2
E. Neighborhood and Land Use Effect
Children’s Hospital maintains a parking lot on the O-2 property along the
east side of the right-of-way. Children’s Hospital also owns the four (4)
residential structures on the west side of the right-of-way. A small sliver of
property at the northwest corner of the proposed abandonment is part of
The Dorcas House (Union Rescue Mission) development further west.
Abandoning this portion of Schiller Street right-of-way will have no
adverse impact on the general area.
F. Neighborhood Position
The Downtown and Central High Neighborhood Associations were notified
of the abandonment request. As of this writing, staff knows of no
objectors to the proposed abandonment.
G. Effect on Public Services or Utilities
Wastewater: No objection to abandonment. Retain area as an
easement for existing sewer main.
Entergy: No objection to abandonment. Retain 15-foot wide easement
along west side of right-of-way.
CenterPoint Energy: No objection to abandonment.
Southwestern Bell: No objection to abandonment. Retain area of
abandonment as a utility easement.
Central Arkansas Water: Central Arkansas Water has a 12-inch water
main in this portion of Schiller Street. We have no objection to the
closure of this street; however, we request that the entire right-of-way
be retained as a utility easement.
H. Reversionary Rights
All reversionary rights will extend to the adjacent property owners to the
east and west.
I. Public Welfare and Safety Issues
Abandoning this street right-of-way will have no adverse effect on the
public welfare and safety. The Little Rock Fire Department has submitted
no negative comments to the proposed abandonment.
February 3, 2005
ITEM NO.: 2 (Cont.) FILE NO.: G-23-342
3
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Teresa Turner was present, representing the application. Staff presented the
proposed right-of-way abandonment. Staff noted that the area of abandonment
would be retained as a utility and drainage easement. Staff noted that there
were no outstanding issues associated with the abandonment request.
There being no further issues for discussion, the Committee forwarded the
application to the full Commission for resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Schiller Street right-of-way
abandonment, subject to the entire area of abandonment being retained as a
utility and drainage easement.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff. A motion to that effect
was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The
application was approved.
February 3, 2005
ITEM NO.: 3 FILE NO.: Z-7586-A
Name: Adams Day Care Family Home –
Special Use Permit
Location: 9009 Woodford Drive
Owner: Earthalene Adams
Applicant: Earthalene Adams
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 9009 Woodford Drive.
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 West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9009 Woodford Drive is located on the east side of Woodford Drive, near
the end of the cul-de-sac street. All surrounding properties are zoned R-2
and contain single family residences. An apartment complex is located to
the north along Baseline Road.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has noted
that she will have two (2) employees, as required by the State Department
of Human Services.
There is a one-car wide driveway, with concrete extension, from Woodford
Drive. Parking exists for five (5) vehicles, including the carport. Staff feels
that there is sufficient space for drop-off and pick-up of children. On
inspection of the site, staff observed no vehicles parked on unpaved area.
Staff also observed no vehicles on the site which were not operational.
February 3, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7586-A
2
The applicant notes that she has been licensed by the State to operate a
day care family at this location for approximately three (3) years. The
applicant is licensed to care for up to 10 children. The applicant was
licensed (State) the previous four (4) years for day care family homes at
9001 and 9008 Woodford Drive. The applicant previously had an
approved special use permit at 9008 Woodford Drive.
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 1962 and appears to still be in effect. The Bill of
Assurance contains the following language:
“A. All of said lots shall be used as residential lots only, and
no structure shall be erected, altered or permitted to remain
other than one detached single-family dwelling not to exceed
one and a half stories in height, and a private garage and
servant’s quarters or storeroom.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
a. This use may be located only in a single family home, occupied by
the care giver and which is the full time residence of the care giver.
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 care givers.
d. The minimum to qualify for special use permit is six (6) children
from households other than the care givers.
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 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
February 3, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7586-A
3
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.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues 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.
C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Earthalene Adams was present, representing the application. Staff
presented the proposed special use permit request. Staff noted that
inspection of the property revealed no violations of the ordinance
requirements for day care family homes. Staff also noted that the
applicant has been licensed by the State for a day care family at this
address for approximately three (3) years. Staff stated that the proposed
day care family home was not located within 300 feet of another day care
family home or day care center.
February 3, 2005
ITEM NO.: 3 (Cont.) FILE NO.: Z-7586-A
4
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 9009 Woodford Drive, 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.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
February 3, 2005
ITEM NO.: 4 FILE NO.: Z-7781
Name: Adkins Day Care Family Home –
Special Use Permit
Location: 9617 Wilderness Road
Owner: Willie and Shirley Adkins
Applicant: Shirley Adkins
Proposal: A Special Use Permit is requested to allow a
Day Care Family to be operated in the single
family residence located on the R-2 zoned
property at 9617 Wilderness Road.
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 West Baseline and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
B. Staff Analysis:
9617 Wilderness Drive is located on the southeast corner of Wilderness
Road and Frontier Road. All surrounding properties are zoned R-2 and
contain single family residences. There is a large area of undeveloped
R-2 zoned property to the west, along the south side of Mann Road.
The applicant’s home is a one-story brick and frame structure, and is
typical of those in the general area. The rear yard is fenced and provides
a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 5:45 p.m., Monday through Friday. The applicant has noted
that she will have one (1) employee, as required by the State Department
of Human Services.
There is a one-car wide driveway from Wilderness Road, with parking for
three (3) vehicles (including the carport). The applicant has noted that the
driveway will be widened to a two-car width, which will allow parking for
two (2) additional vehicles (5 total). Staff feels that this will allow sufficient
space for drop-off and pick-up of children. On inspection of the site, staff
observed no vehicles parked on unpaved areas. Staff also observed no
vehicles on the site which were not operational.
February 3, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-7781
2
The applicant notes that she has been licensed by the State to operate a
day care family home at this location for approximately two (2) years. The
applicant is licensed for up to 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 1971 and appears to still be in effect. The Bill of
Assurance contains the following language:
“1. No lot shall be re-subdivided into nor shall any dwelling
be erected or placed on any lot or building site having a
width of less than 60 feet at the building line or an area of
less than 6,000 square feet, and said lands shall only be
used for residential purposes as set forth herein.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance
establishes the site and location criteria for day care family homes as
follows:
Day care family home:
a. This use may be located only in a single family home, occupied by the
care giver and which is the full time residence of the care giver.
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 care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
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 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.
February 3, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-7781
3
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.
Special Use Permits are not transferable in any manner. Permits cannot
be transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues 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.
C. SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Willie Adkins was present, representing the application. Staff presented
the proposed special use permit request. Staff noted that inspection of
the property revealed no violations of the ordinance requirements for day
care family homes. Staff also noted that the applicant has been licensed
by the State for a day care family at this address for approximately two (2)
years. Staff noted that the proposed day care family home was not
located within 300 feet of another day care family home or day care
center.
February 3, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-7781
4
After the discussion, the Committee forwarded the application to the full
Commission for final action.
D. Staff Recommendation:
Staff recommends approval of the Special Use Permit to allow a day care
family home at 9617 Wilderness Road, 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. If approved, the driveway must be widened to a two-car width within
30 days of the final approval date.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
February 3, 2005
ITEM NO.: 5 FILE NO.: Z-7780
Owner: Cynthia Daniels
Applicant: Cynthia Daniels
Location: 23400 Hugh Taylor Road (at Lawson Road)
Area: 35.83 Acres
Request: Rezone from R-2 to I-1
Purpose: Future light industrial development
Existing Use: Single family residence and
horse farm operation
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned R-2
South – Undeveloped property; zoned O-2
East – Mining operations and mixed industrial uses (along north side
of Lawson Road); zoned I-3 and M
West – Undeveloped property; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Lawson 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 proposed land use would classify Hugh Taylor Road on the
Master Street Plan as a commercial street. Dedicate right-of-way to 30
feet from centerline.
3. The proposed Master Street Plan west belt arterial crosses the
southern portion of this property. The proposed 110’ right-of-way
extended north from the existing centerline of Lawson Road across the
floodplain of McHenry Creek, then turns to the northwest and runs
parallel to the floodplain. Show the proposed right-of-way and legal
description on the site plan.
February 3, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-7780
2
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 SWLR United for
Progress Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
This request is located in the Ellis Mountain Planning District. The Land
Use Plan shows Light Industrial for this property. The applicant has
applied for a change from R-2 (Single Family District) to I-1 (Industrial
Park District) for industrial operations.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Hugh Taylor Road is shown as a Local Road on the Master Street Plan
nearby Lawson Road is shown as a Minor Arterial on the Master Street
Plan. The proposed West Loop, a Principal Arterial, is located just west of
the application. The purpose of a Principal Arterial to serve through traffic
and to connect major traffic generators or activity centers within urbanized
areas and the purpose of a Minor Arterial is to provide connections to and
through an urban area. The primary function of a Local Street is to
provide access to adjacent properties. Hugh Taylor Road will require
dedication of right-of-way and street improvements and dedication of
right-of-way for the West Loop may be required.
A Class I bikeway is shown west of Hugh Taylor Road partially paralleling
the north side of McHenry Creek from Lawson Road to Colonel Glenn
Road. A Class I Bikeway is built separate from or alongside a road.
Additional right of way may be required.
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.
February 3, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-7780
3
E. STAFF ANALYSIS:
Cynthia Daniels, owner of the 35.83 Acre property at 23400 Hugh Taylor
Road, is requesting to rezone the property from “R-2” Single Family
District to “I-1” Industrial Park District. The property is located at the
northwest corner of Hugh Taylor Road and Lawson Road. The rezoning
is proposed for future development of the property.
The property is currently occupied by a single-family structure and barn
structure located near the center of the property. The majority of the
property is pastureland, as a horse farm (Daniels Horse Center, Inc.) is
located on the property. There is a creek and pond along the west
property line, with portions of the property being wooded. The overall
property has varying degrees of slope.
The general area contains a mixture of uses and zoning. Undeveloped
R-2 zoned property is located to the north and west. A mining operation
and a mixture of industrial uses are located to the east, along the north
side of Lawson Road. Undeveloped O-2 property is located to the south
and southwest. I-2 zoned property is located to the south across Lawson
Road.
The City’s Future Land Use Plan designates this property as Light
Industrial. The requested zoning change to I-1 does not require a change
to the Land Use Plan.
Staff is supportive of the requested I-1 zoning. Staff feels that the request
is reasonable. As noted previously, a large mining operation and mixed
industrial uses are located to the east, with undeveloped property north,
west and south. Staff feels that the requested I-1 zoning, with future
industrial park development will be compatible with the general area. The
I-1 Industrial Park District is a site plan review district. Any future
development of the site will require Planning Commission approval of a
site development plan. Issues related to excavation/grading, property
slopes, flood plain, storm water detention and street construction will be
addressed in detail at the time of site plan review. Staff believes the
proposed rezoning will have no adverse impact on the general area.
The future West Loop as designated by the Master Street Plan crosses
the southwest portion of this property. In addition to Lawson Road and
Hugh Taylor Road right-of-way dedication, a dedication deed for this
portion of the West Loop must be submitted to staff prior to Board of
Directors’ action.
February 3, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-7780
4
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-1 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the application needed to be deferred to the
March 17, 2005 Agenda due to the fact that the applicant failed to complete the
notifications to surrounding property owners as required by the Commission.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the March 17, 2005 Agenda. A motion to that
effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.
The application was deferred.
February 3, 2005
ITEM NO.: 6 FILE NO.: Z-7782
Owner: Kathleen Inmon
Applicant: Kathleen Inmon
Location: 5300 Asher Avenue
Area: 0.88 Acre
Request: Rezone from C-3 to C-4
Purpose: Furniture store with limited, daily outdoor
display
Existing Use: Commercial building under construction
STAFF NOTE:
Staff determined that the applicant’s proposed use of the property is allowable
under its current C-3 zoning status. Therefore, no rezoning is necessary. The
applicant is requesting the application be withdrawn. Staff supports the
withdrawal request, and has submitted the required paperwork to refund the
applicant’s filing fee.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Staff informed the Commission that the applicant requested this application be
withdrawn. Staff supported the withdrawal request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 9 ayes, 0 nays and 2 absent. The application was
withdrawn.
February 3, 2005
ITEM NO.: 7 FILE NO.: Z-7783
Owner: Miracle Developments
Applicant: Kelton Price
Location: 14929 Cantrell Road
Area: 2.21 Acres
Request: Rezone from R-2 to O-3
Purpose: Future office development
Existing Use: Single family residential
SURROUNDING LAND USE AND ZONING
North – Single family residences and office uses; zoned R-2 and POD
South – Single family residences; zoned R-2
East – Single family zoned property and mixed commercial/office uses;
zoned R-2, PCD and POD
West – Single family residences and office use; zoned R-2 and PD-O
A. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. A minimum dedication of right-of-way to 55 feet from
centerline will be required at all locations. Additional easement for
future storm water improvements may be required.
2. Provide the direction of flow and all storm water flows (Q) entering and
leaving the property. Provide sketch grading and drainage plan
showing proposed drainage and grading for future site development.
3. A grading permit in accordance with section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
4. Westchester Subdivision to the west has a history of flooding
problems. Storm water detention ordinance applies to this property
and will be required at both discharge points on the property.
February 3, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7783
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route #25 (Highway 10 Express
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 Westchester-Heatherbrae
and Secluded Hills Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the River Mountain Planning District. The Land
Use Plan shows Transition for this property. The applicant has applied for
a zoning change from R-2 (Single Family District) to O-3 (General Office
District) for future development.
The request does not require a change to the Land Use Plan because
office uses are an appropriate use in Transition. Since this application is
in an area shown as Transition and subject to the Highway 10 Overlay
District, any proposed development must conform to the overlay
standards and be compatible with adjacent development. Based on
previous actions of the City, only Planned Office District or “O-1” Quiet
Office zoning have been approved in order to assure this compatibility.
Master Street Plan:
Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road
is built as a five-lane road through that area. The primary function of a
Principal Arterial is to serve through traffic and connect major traffic
generators or activity centers within urbanized areas. Cantrell Road may
require dedication of right-of-way and street improvements. Since this
property is located on a Principal Arterial, access to the site should be
minimized and should not impede through traffic.
Existing or proposed Class I, II or III Bikeways are not in the immediate
vicinity of the development.
February 3, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7783
3
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the River Mountain
Neighborhood Action Plan. The Sustainable Natural Environment goal
listed an objective of promoting the vigorous enforcement of the
Landscaping and Excavation Ordinance. This action could result in the
removal of trees in order to accommodate the development of uses
possible office development in the Transition land use category.
E. STAFF ANALYSIS:
Miracle Developments, owner of the 2.21 acre property located at 14929
Cantrell Road, is requesting to rezone the property from “R-2” Single
Family District to “O-3” General Office District. The rezoning is proposed
for future office development of the property.
The site currently contains two (2) single family residential structures, with
a single access drive from Cantrell Road. Single family residences are
located on the property immediately west and south of the site. A mixture
of residential, office and commercial uses and zoning exists to the west
along Cantrell Road. Single family residential and office uses and zoning
is located across Cantrell Road to the north.
The City’s Future Land Use Plan designates this property as Transition.
The requested zoning change to O-3 does not require a change to the
Land Use Plan.
Staff is not supportive of the requested O-3 zoning. Although staff is not
opposed to the redevelopment of this site as office use, staff is concerned
with the close proximity of the property to the single family residences to
the west and south. Staff feels that important site design issues, such as
building height and drainage, would be best addressed through the PZD
(Planned Zoning Development) zoning process. As noted in paragraph A.
of this report, Public Works notes that the single family neighborhood to
the west and south has a history of flooding problems. Additionally, the
O-3 zoning district allows a maximum building height of 60 feet, which in
staff’s opinion would not be compatible with the adjacent single family
neighborhood. Therefore, staff feels that the best approach in
redevelopment of this property would be through the PZD rezoning
process. This process would assure compatibility of the proposed
development with the adjacent single family neighborhood, as required
within this area of “Transition”.
February 3, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7783
4
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Bill Keathly was present, representing the application. There were several
objectors present.
Mr. Keathly requested a deferral to the March 17, 2005 Agenda to allow him time
to meet with the neighborhood and resolve issues related to the property’s
development.
There was a motion to defer the application to the March 17, 2005 Agenda. The
motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was
deferred.
February 3, 2005
ITEM NO.: 8 FILE NO.: Z-3371-L
Owner: Glenn Ridge Crossings, LLC
Applicant: Pat McGetrick
Location: South end of Colonel Glenn Plaza Drive
(along Interstate 430)
Area: 13.358 Acres
Request: Rezone from C-3 to C-4
Purpose: Auto dealership
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Office/warehouse building (under construction), auto dealerships,
theatre, and undeveloped property; zoned C-3 and C-4
South – Undeveloped property; zoned C-3, OS and R-2
East – Single family and office uses (across I-430); zoned R-2 and O-3
West – Undeveloped property; zoned C-3
A. PUBLIC WORKS COMMENTS:
1. A grading permit in accordance with section 29-186(c) and (d) will be
required prior to any land clearing and grading activities at the site.
Site grading and drainage plans will need to be submitted and
approved prior to the start of construction.
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 John Barrow and SWLR
United for Progress Neighborhood Associations were notified of the public
hearing.
February 3, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-3371-L
2
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Commercial for this property. The applicant has applied
for a zoning change from C-3 (General Commercial District) to C-4 (Open
Display Commercial District) for a car dealership.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Colonel Glenn Plaza Drive and nearby Bowman Plaza Drive are shown as
Local Streets on the Master Street Plan. The primary function of a Local
Street is to provide access to adjacent properties. Colonel Glenn Plaza
Drive and Bowman Plaza Drive are also considered to be Commercial
Local streets so additional right-of-way, paving, and landscaping may be
required. Nearby David O Dodd Road is shown as a Minor Arterial on the
plan and will not be directly affected by this application. The purpose of a
Minor Arterial is to provide connections to and through an urban area.
Colonel Glenn Plaza Drive may require dedication of right-of-way and
street improvements.
Existing or proposed Class I, II, or III Bikeways are not in the immediate
vicinity of the development.
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.
E. STAFF ANALYSIS:
Glenn Ridge Crossings, LLC, owner of the 13.358 Acre property located
at the south end of Colonel Glenn Plaza Drive (along I-430), is requesting
to rezone the property from “C-3” General Commercial District to “C-4”
Open Display District. The rezoning is proposed in order to develop the
property for an auto dealership. The property is currently undeveloped,
with some site work having been done in association with the
development of the commercial subdivision to the north.
The general area contains a mixture of residential, office and commercial
uses and zoning. A new office/warehouse building is being constructed
on the property immediately to the north. There is undeveloped C-3
February 3, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-3371-L
3
zoned property to the south and west. Single family residential and office
uses and zoning are located across I-430 to the east. Two (2) auto
dealerships and a movie theatre are located further north within the
Colonel Glenn Commercial Subdivision.
On October 21, 2003 this property was rezoned, along with the property
immediately south and west, to C-3 (53.24 Acres total). In addition to
zoning the south 50 feet and west 50 feet of the overall tract to “OS” Open
Space, the following conditions were placed on the 13.398 property
currently proposed to be rezoned to C-4:
• The east 50 feet of the property will be a landscape buffer, with all
trees having a caliper of four (4) inches or greater being preserved.
• A tree survey of the east 50 feet of the property must be submitted to
staff prior to any permits being issued for development.
The City’s Future Land Use Plan designates this property as Commercial.
The requested zoning change to C-4 does not require a change to the
Land Use Plan.
Staff is not supportive of the requested C-4 zoning. Staff feels that given
the zoning pattern of the overall area at the southwest corner of Colonel
Glenn Road and I-430, the property would be best left with C-3 zoning for
enclosed commercial (or office) development. In the past, staff has
supported C-4 zoning at the southwest and southeast corners of Colonel
Glenn Road and I-430. Staff feels that additional C-4 zoning, moving
away from the intersection of Colonel Glenn and I-430, could adversely
affect the future development of the remaining C-3 zoned property. Staff
feels that the existing C-3 zoning will serve as the best transition from the
C-4 at the intersection to the R-2 zoning to the south, and the O-3 zoning
and the J.A. Fair High School to the west. A similar zoning pattern exists
for the overall property at the southeast corner of Colonel Glenn Road and
I-430 (C-4, C-3 and O-3 zoning).
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Pat McGetrick was present, representing the application. There was one (1)
objector present. Staff presented the item with a recommendation of denial.
February 3, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-3371-L
4
Pat McGetrick addressed the Commission in support of the application. He
explained that the existing C-4 zoned property in the area had already been
developed or had plans for development. He noted that development of the
property, as auto dealerships will help the overall commercial development by
decreasing the amount of traffic. He also noted that the proposed zoning was
not speculative, as a user has committed to the property. He explained that the
property was at a higher elevation than the property to the north. He also
explained that there would be approximately 300 feet of C-3 zoned property
remaining between this property and the OS strip to the south.
Commissioner Taylor asked what the property was zoned before C-3.
Mr. McGetrick and staff explained that it was R-2 and O-2.
There was a brief discussion related to buffers.
Ruth Bell addressed the Commission in opposition. She expressed concern with
the visibility of a car dealership to the residential property across I-430 to the
east. She also noted concern with more intense uses going further south near
the single family zoned property.
Janet Berry addressed the Commission. She stated that she was not opposed
to the rezoning. She noted that the rezoning sounded like a good plan (grouping
auto dealerships) for the property.
Commissioner Rector asked about the topography of the property. Mr.
McGetrick explained that after grading, the property would be at approximately
the same grade as the property to the south. There was a brief discussion of
this issue. The issue of site lighting was also discussed.
Commissioner Floyd noted that he would rather see a proposed PCD zoning for
the property. Mr. McGetrick noted that the owner was under a time constraint to
develop the property. There was additional brief discussion of the proposed
rezoning.
There was a motion to approve the C-4 rezoning, subject to the following
conditions:
• The east 50 feet of the property will be a landscape buffer, with all
trees having a caliper of four (4) inches or greater being preserved.
• A tree survey of the east 50 feet of the property must be submitted to
staff prior to any permits being issued for development.
February 3, 2005
ITEM NO.: 8 (Cont.) FILE NO.: Z-3371-L
5
The motion failed by a vote of 5 ayes, 5 nays and 1 absent. The application was
denied.
February 3, 2005
ITEM NO.: 9 FILE NO.: Z-4470-D
NAME: Pinnacle Ford – Conditional Use Permit
LOCATION: NE corner of Chenal Parkway and
Wellington Hills Road
OWNER/APPLICANT: Chenal Land, LLC/The Mehlburger Firm
PROPOSAL: A conditional use permit is requested to allow for
development of an automobile sales business on this
undeveloped, C-2 zoned, 7.64 acre tract. A variance
is also requested to allow stockpiling excess
excavated material from this lot on adjacent lots to
the east.
1. SITE LOCATION:
The site is located at the northeast corner of Chenal Parkway and
Wellington Hills Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning. Undeveloped C-
2, O-3 and PD-C zoned properties are located adjacent to the east, north
and west respectively. The PD-C to the west was for a Saturn automobile
dealership. That PD-C has expired. An MF-18 zoned apartment complex
is adjacent to the northeast. An area of PR zoned parkland formed by the
divided lanes of Chenal Parkway is to the south. South of the Parkway is
a PCD zoned home center, a C-3 zoned tract formerly occupied by a
contractor’s yard and an undeveloped O-2 tract. Staff believes the use
could be compatible with the area if attention is given to perimeter
treatment of the site where it abuts the Parkway and Wellington Hills,
which is the entrance to a residential neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Parkway Place and St.
Charles neighborhoods were notified of this request.
3. ON SITE DRIVES AND PARKING:
Access to the site is via two driveways; a right in-right out driveway on
Chenal Parkway and a full access driveway on Wellington Hills. There will
be 536 parking spaces on the site, which will be used for vehicle display
and customer and employee parking. The plan does show a truck route
through the site for transport vehicles. All off-loading of vehicles will occur
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
2
on the site. All vehicle use areas will be paved and landscaped to comply
with ordinance standards.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The plan submitted does not appear to provide for building landscaping
between the proposed building and areas set aside for public parking.
The Landscape Ordinance allows considerable flexibility with this
requirement. However, interior landscaping cannot count as building
landscaping.
Additional interior landscape islands need to be placed to help break up
the long rows of parking proposed.
A 6-foot high opaque screen, either a wooden fence with its face side
directed outward, a wall or dense evergreen plantings, is required to help
screen this development from the adjacent property to the north that is
zoned for multi-family residential use.
The proposed street buffers noted on the plans submitted as vegetation
buffers will be required to have trees and shrubs in compliance with the
Landscape Ordinance.
An irrigation system to water landscaped areas will be required.
Prior to a building permit being obtained, it will be necessary to provide
landscape plans stamped with the seal of a Registered Landscape
Architect.
5. PUBLIC WORKS COMMENTS:
1. The right turn lane should be extended along Chenal Parkway to
Wellington Hills.
2. Dedicate additional right-of-way as needed to accommodate future
dual left turn lanes on Wellington per the Master Street Plan.
3. Provide design of street conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5-foot
sidewalks with planned development.
4. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
prior to the start of construction.
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
3
5. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
6. Prepare a letter of pending development addressing street lights as
required by Section 31-403 of the Little Rock Code. Contact Traffic
Engineering at (501) 379-1813 (Steve Philpott) for more information
regarding street light requirements.
7. Driveway onto Chenal must be designed to comply with design
standard adopted for Chenal Parkway.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
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. 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. Additional fire
hydrant(s) will be required. Contact the Little Rock Fire Department to
obtain information regarding the required placement of the hydrant(s)
and contact Central Arkansas Water regarding procedures for
installation of the hydrant(s). 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. If there are
facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the
developer.
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
4
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
The applicants were present. Staff presented the item and requested more
information regarding building height, signage, lighting, days and hours of
operation, dumpster location and fencing. Staff asked the applicant to provide
more details on the proposed use; primarily what level of vehicle repair would
occur on the site. The applicant was asked to show the delivery area and
transport truck route through the site. Staff suggested the applicant commit to
having no outside speakers and to not have test drives through the residential
neighborhood. Staff noted the scenic quality of Chenal Parkway and asked the
applicant to increase the street buffers and to visually break-up the vehicle
display areas visible from the street. There was much discussion about that last
point.
Landscape and Public Works Comments were noted. The applicants stated they
were requesting approval to do advanced grading on the adjacent lots whereby
they could move the excess materials excavated from this lot and stockpile them
on the adjacent lots. It was suggested that specific areas for the stockpiling of
materials be shown and substantial buffers be retained around the stockpile
area.
The applicant was directed to respond to staff issues by January 12, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Pinnacle Ford is requesting approval of a conditional use permit to allow for
development of an automobile dealership on the undeveloped, C-2 zoned, 7.64±
acre tract located at the northeast corner of Chenal Parkway and Wellington Hills
Road. The C.U.P. request is also associated with a proposed preliminary plat;
Chenal Commercial Park II Revised Preliminary Plat (S-869-E). A variance from
the land alteration regulations is also requested to allow for stockpiling of the
excess earth material, which will be removed from Lot 1 (car dealership lot) on
the area of the remaining lots in the Subdivision. There is no bill of assurance
issue.
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
5
The proposed car dealership consists of a single building which will contain sales
offices, showroom and vehicle service areas. A parking lot containing 536
spaces will wrap around the building. Access will be from single driveways onto
Chenal Parkway and Wellington Hills Road. The drive onto Chenal Parkway will
be a right-in – right-out only. The entrances will be gated to control access after
hours. Appropriate turn-arounds will be constructed at each gated entrance.
On January 12, 2005, the applicant submitted a revised site plan and responses
to issues raised at Subdivision Committee. Building heights are 34 feet for the
sales and parts building, 22 feet for the service building and 20 feet for the used
car building. There will not be a paint and body shop on the site; general
maintenance and repairs will take place in the vehicle service area. All exterior
lighting will be focused downward and inward to minimize or eliminate ambient
light into adjacent properties. The maximum height of the light poles will be 40
feet and foot candles will be reduced after hours of operation.
The business will have a maximum of 70 employees and the days and hours of
operation are as follow:
Parts and
Service:
7:00 a.m. to 6:00 p.m. Monday thru Friday
8:00 a.m. to 4:00 p.m. Saturday
Sales: 8:00 a.m. to 8:00 p.m. Monday thru Friday
9:00 a.m. to 7:00 p.m. Saturday
12:00 a.m. to 5:00 p.m. Sunday
Signage will consist of wall signage on the buildings to comply with ordinance
standards and two ground-mounted signs; one on each street frontage. The
ground signs will be monument style signs with a maximum height of 8 feet and
a maximum area of 100 square feet. The height and area comply with the
Chenal Overlay Standards.
Screening will be installed along the perimeter of the site where it is adjacent to
the multifamily zoned property to the northeast. The landscaped buffers along
Chenal Parkway and Wellington Hills have been shown at approximately 40 feet
in depth. The revised plan shows additional landscape treatment on the
Parkway frontage including landscape islands and angling of the parking along
this perimeter of the site. Interior landscape islands have been increased.
The dealership will not allow test drives through the adjacent residential
neighborhood and there will be no outside paging. The plan shows the
maneuvering area on the site for vehicle transport and delivery trucks. All off-
loading will occur on the site.
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
6
The applicant has committed to comply with Public Works Comments; including
the widening of the abutting streets.
The applicant proposes to stockpile the excess earth material excavated from
this lot on the adjacent lots 2-6. The applicant anticipates excess excavated
material on Lot 1 while Lots 2-6 will require additional fill material. The applicant
proposes to stockpile the excess material in the area of proposed Lots 2-6 and to
maintain an undisturbed, 100 foot buffer around the clearing/stockpile area. The
stockpile area will be seeded and mulched upon completion. Staff is supportive
of a variance from the land alteration ordinance to allow this proposal.
Staff believes the area of Lots 2-6 will develop sooner rather than later and it is
reasonable to allow the relocation of the excess material from the adjacent lot
rather than to require complete removal of the excess material from the site only
to have to then bring material in to fill Lots 2-6.
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 Staff Report.
2. Compliance with the approved site plan.
3. All site lighting must be shielded downward and into the site and lighting must
be reduced after hours of operation.
4. There is to be no outside paging.
5. There is to be no test driving of vehicles through the nearby residential
neighborhood.
6. Compliance with the Chenal Overlay District.
7. All off-loading of transport and delivery trucks must take place on site and not
in the public right-of-way.
Staff recommends approval of the request to allow stockpiling of excess earth
material from this lot on the adjacent proposed Lots 2-6 subject to compliance
with any Public Works Comments and subject to a minimum of a 100-foot wide
undisturbed buffer being maintained around the area of the clearing/stockpiling.
February 3, 2005
ITEM NO.: 9 (Cont.) FILE NO.: Z-4470-D
7
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined in the “Staff Recommendation” above. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff; including all staff comments and conditions. The vote was 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: 10 FILE NO.: Z-5724-A
NAME: Angles Salon – Conditional Use Permit
LOCATION: 11324 Kanis Road
OWNER/APPLICANT: Marvin and Eva Griffin/Michael Hendrixson
PROPOSAL: A conditional use permit is requested to allow a
beauty salon to locate on this O-3 zoned tract. The
proposal is to use the existing buildings and parking
area.
1. SITE LOCATION:
The site is located on the north side of Kanis Road, just east of Embassy
Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located in an area of mixed uses and zoning. A variety of
office and commercial uses are located in the area around the site.
Utilizing this existing, developed site as a beauty salon 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 Birchwood and John Barrow
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site has existing drives onto Kanis Road and an asphalt paved
parking lot. Secondary access is proposed onto Embassy Drive to the
northwest. The building appears to be approximately 2100± square feet.
A beauty salon of that size requires 10 parking spaces; one space per 200
square foot. There appear to be some 14 parking spaces on the lot. The
applicant proposes to repair the existing parking lot.
4. SCREENING AND BUFFERS:
No comments for the proposed change of use. Any new driveways will
have to be landscaped to comply with ordinance standards.
February 3, 2005
ITEM NO.: 10 (Cont.) FILE NO.: Z-5724-A
2
5. PUBLIC WORKS COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
2. Any future expansion or re-development of the property would be
subject to Master Street Plan requirements.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required. Due to the nature of this facility, installation of
an approved reduced pressure zone backflow preventer assembly
(RPZA) is required on the domestic water service. This assembly
must be installed prior to the first point of use. Central Arkansas
Water (CAW) requires that upon installation of the RPZA, successful
tests of the assembly must be completed by a Certified Assembly
Tester licensed by the State of Arkansas and approved by CAW. The
test results must be sent to CAW’s Cross Connection Section within
ten days of installation and annually thereafter. Contact Carroll Keatts
at 992-2431 if you would like to discuss backflow prevention
requirements for this project.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route. The nearest routes
are on Chenal Parkway to the north and at Kanis and Shackleford
Road to the east.
February 3, 2005
ITEM NO.: 10 (Cont.) FILE NO.: Z-5724-A
3
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
The applicant was present. Staff presented the item and requested additional
information regarding signage, number of employees, days and hours of
operation and the dumpster location. Staff asked the applicant to label parking
spaces on the site plan. Staff also asked the applicant to state whether there
would be any other uses on the site.
Public Works, Landscape and Utility Comments were noted.
The applicant was advised to respond to staff issues by January 12, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The applicant, Michael Hendrixson, is requesting approval of a conditional use
permit to allow use of the existing building on this O-3 zoned lot as a beauty
salon. The applicant proposes only cosmetic remodeling of the existing building
and repair of the existing, paved parking lot. No additional signage is proposed.
The applicant proposes to do a copy change on the existing signs. No other
uses are proposed for the site.
The business will employ 5 persons. Days and hours of operation are 10:00
a.m. to 6:00 p.m., Monday through Friday and 10:00 a.m. to 3:00 p.m., Saturday.
A dumpster will be located behind the building and will be screened to comply
with code requirements. The 1916 Bill of Assurance does not address use
issues. The site does have frontage onto Embassy Drive. A secondary driveway
has been shown from the site onto Embassy Drive.
Staff is supportive of the requested C.U.P. The proposed use is compatible with
uses and zoning in the area. The proposal to basically use the site “as is” should
not impact other properties in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the comments and conditions in Sections 4, 5 and 6 of the staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
presented the item and a recommendation of approval subject to compliance
February 3, 2005
ITEM NO.: 10 (Cont.) FILE NO.: Z-5724-A
4
with the conditions outlined in the “Staff Recommendation” above. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff; including all staff comments and conditions. The vote was 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: 11 FILE NO.: Z-7784
NAME: St. Andrews Church – Conditional Use Permit
LOCATION: 8000 Block of Kanis Road; north side
OWNER/APPLICANT: KALM, LLC/Ron Tabor
PROPOSAL: A conditional use permit is requested to allow for the
phased development of this 12.8± acre tract as a
church campus. The property is zoned R-2.
1. SITE LOCATION:
The property is located on the north side of Kanis Road; just east of
Michael Drive.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located on an area of mixed uses and zoning although it is
bordered on the east, west and south by R-2 zoned properties. Single
family homes are located to the east and west. The old, Kanis Home Site
and Farm is located to the south. The Kanis Family is seller of this site to
the church. A nursing home, retirement community and undeveloped O-2
zoned property are adjacent to the north. Multiple commercial uses are
located further to the west, near John Barrow Road and Kanis Park is
further to the east. The proposed use of this site as a church campus
should be 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 John Barrow, Leander and
Brownwood Terrace Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The site is proposed to have a single access point; on Kanis Road.
Parking is proposed to be built in 3 phases, coinciding with development
of the buildings on the site. Phase I consists of the entry drive and 138
parking spaces. Phase II adds 44 spaces and Phase III adds 43 spaces.
Ultimately, the site will contain 225 spaces. The parking will be built to
provide the required number of spaces based on one space for each 4
seats in the worship area. The final sanctuary seating capacity is 600
persons; requiring 150 parking spaces.
February 3, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7784
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The proposed width of the western land use buffer is less than the 50-feet
average required by the Zoning Ordinance. Additionally, the width of the
undisturbed portion of this buffer is required to be at least 70% of the
buffer area or 35-feet.
Unless otherwise provided for, a 6-foot high opaque screen, either a
wooden fence with its face side directed outward, a wall or dense
evergreen plantings, is required along the sites western perimeter.
An irrigation system to water landscaped areas will be required.
Prior to obtaining a building permit, it will be necessary to provide
landscape plans stamped with the seal of a Registered Landscape
Architect.
5. PUBLIC WORKS COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
Dedication of right-of-way to 45 feet from centerline will be required.
2. Re-alignment of Kanis Road will be required to remove substandard
horizontal curvature. Provide a plan showing the re-alignment.
3. The proposed driveway does not provide the minimum stopping sight
distance of 325 feet. Relocate driveway east or excavate hillside away
from the right-of-way to the west.
4. Provide design of street conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5-foot
sidewalks with planned development.
5. A grading permit in accordance with Section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading and drainage plans will need to be submitted and approved
prior to the start of construction.
6. The width of driveway must not exceed 36 feet. Remove entrance
island.
February 3, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7784
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: Approved as submitted.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
A Capital Investment Charge based on the size of connection(s) will
apply to this project for connections off the existing 12-inch main in
addition to normal charges. Additional fire hydrant(s) will be required.
Contact the Little Rock Fire Department to obtain information
regarding the required placement of the hydrant(s) and contact Central
Arkansas Water regarding procedures for installation of the hydrant(s).
If there are facilities that need to be adjusted and/or relocated, contact
Central Arkansas Water. That work would be done at the expense of
the developer. 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: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Tim Daters was present representing the applicant. Staff presented the item and
noted additional information was needed regarding building height and design,
signage, days and hours of use, site lighting, dumpster locations, phasing,
fencing and seating capacity. Staff asked the applicant to describe the use of
the amphitheater area.
Public Works and Landscape Comments were noted and discussed. The
applicant was advised to show the re-alignment of Kanis Road on the plan. The
applicant was also advised that the driveway might need to be moved to the east
to provide adequate sight distance. The applicant was advised to increase the
buffer on the west perimeter. Utility Comments were noted.
February 3, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7784
4
The applicant was advised to respond to staff issues by January 12, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
St. Andrews Church is requesting approval of a conditional use permit to allow
for the phased development of a church campus on this R-2 zoned tract. No
additional uses such as private school or day care are requested. The overall
development consists of five (5) buildings and 225 parking spaces. The northern
portion of the site will contain a playground and an amphitheater. Much of the
northern portion of the site will remain wooded and undisturbed other than for a
meandering pathway. The amphitheater will focus on a campfire area and the
detention pond. There is no bill of assurance.
On January 12, 2005, the applicant submitted a revised site plan and responses
to issues raised by staff at Subdivision Committee.
Phase I will consist of a two-story, 40,000 square foot multipurpose building,
which will be used for worship services, classes and offices; the entry driveway
and 138 parking spaces. Phase II will consist of the two-story sanctuary building
and an additional 44 parking spaces. This building will have a height of 45 feet
with an additional 20 feet of steeple height. Ultimate seating capacity in the
sanctuary building will be 500-600 persons. Phase III consists of a two-story,
19,600 square foot classroom and office building and the final 43 parking
spaces. Phase IV consists of a two-story, 17,000 square foot classroom
building. Phases III and IV may be developed together. Phase V consists of a
two-story, 30,000 square foot multipurpose building.
Phasing of the playground, walking paths and amphitheater is not indicated.
Phasing of the parking lot is designed to coincide with phasing of the worship
areas. An 8-foot tall fence is proposed to encircle the site. The fence will be
black chainlink on the rear and sides and wrought iron on the front.
A 50-foot buffer, 35 feet of which will remain undisturbed, is shown along the
western perimeter where the site is adjacent to single family. The overall site is
shown as 12.8-acres. The church campus occupies the western 7.8 acres. The
eastern 5-acres are shown as “future development” and will remain wooded and
undeveloped at this time. Signage is to consist of a single ground mounted sign
and building identification wall signage. The ground sign will meet office and
institutional standards of 6 feet in height and 64 square feet in area. The
buildings are proposed to be constructed of frame with a masonry exterior and
pitched, shingled roofs. The church proposes a lighted cross on the steeple.
Site lighting will be shielded downward and into the site. The amphitheater is to
February 3, 2005
ITEM NO.: 11 (Cont.) FILE NO.: Z-7784
5
be used for functions such as youth programs and weekend retreat programs.
The church may have a “mother’s day out program”.
To staff’s knowledge there are no outstanding issues. Staff believes the
proposed use should be compatible with uses and zoning in the area, with
conditions.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C.U.P. subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the staff report.
2. All site lighting is to be shielded downward and into the site.
3. The buffer area on the west perimeter is to be marked and protected by
construction fencing during all phases of site development.
4. The use of any amplification associated with the amphitheater is to be such
that the sound does not travel beyond the perimeter of the site.
5. Any level of childcare, which requires DHS approval, shall require further
review and approval by the Commission.
Staff recommends approval of the requested height variance to allow the
sanctuary building to be 45 feet in height with an additional 20 feet for the
steeple.
Staff recommends approval of a fence height variance to allow the 8-foot fence
subject to the fence along the street frontage being constructed of wrought iron
with or without brick columns. The columns shall not extend more than 2 feet
above the fence height.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined in the “Staff Recommendation” above. There was no
additional discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff; including all staff comments and conditions. The vote was 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: 12 FILE NO.: Z-7785
NAME: MDS of Tennessee Medical Waste –
Conditional Use Permit
LOCATION: 5400 Scott Hamilton Drive
OWNER/APPLICANT: MDS of Tennessee
PROPOSAL: A conditional use permit is requested to allow for
construction of a medical waste disposal facility on
this I-2 zoned, 3.77± acre tract.
STAFF REPORT:
On January 24, 2005, the applicant requested deferral of the item to the
March 3, 2005 Agenda. Staff supports the requested deferral.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The applicant was present. There were no registered objectors present. Staff
recommended that the item be deferred to the March 3, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the March 3, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
February 3, 2005
ITEM NO.: 13 FILE NO.: LU05-20-02
Name: Land Use Plan Amendment - Barrett, Pinnacle, Chenal and River
Mountain Planning Districts
Location: Highway 10 between Morgan Cemetery Road and Black Street in
west Little Rock.
Request: Various Changes
Source: Planning Staff at the request of the Board of Directors
PROPOSAL / REQUEST:
Land Use Plan amendments in the Barrett, Pinnacle, Chenal and River Mountain
Planning Districts representing various changes to reflect existing zoning,
existing land uses, and sound planning principles. The Highway 10 Land Use
Review was initiated upon request of the Board of Directors and is intended to
address specific demand for uses in specific locations and identify appropriate
locations for different uses between Pankey and the Joe T. Robinson School’s.
#1: Single Family to Suburban Office at the northwest corner of Highways 10
and 300 to create a buffer between the large Commercial area shown at
Highway 10 and Chenal Parkway and the surrounding Single Family and Public
Institutional.
#2: Public Institutional to Low Density Residential located on the south side of
Highway 10 and west of Highway 300 to recognize that the area will no longer be
a Public Institutional use, provide a step down in intensity from surrounding uses,
and signify a different development style allowing diversity in the housing stock.
#3: Public Institutional to Single Family located south of the Highway 10 and
Highway 300 intersection to be more in character with the Single Family uses to
the east and south, the Public Institutional use to the west and the proposed Low
Density Residential to the north.
#4: Public Institutional, Neighborhood Commercial, and Single Family located
southwest of the Highway 10 and 300 intersection to Suburban Office to allow for
quiet office development in this section of Highway 10.
#5: Park/Open Space to Commercial paralleling Highway 10 and Chenal
Parkway, southwest of the Chenal Parkway intersection, to reflect adjacent land
uses since the Highway 10 Scenic Corridor Overlay District facilitates the intent
of the Park / Open Space.
#6: Park/Open Space to Commercial, paralleling Highway 10 northwest of the
Chenal Parkway intersection, to recognize adjacent land uses since the Highway
10 Scenic Corridor Overlay District facilitates its intent.
#7: Public Institutional, and Park/Open Space to Single Family located
southeast of Chenal Parkway and Northfield Drive to recognize existing
conditions.
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
2
#8: Park/Open Space and Single Family to Commercial paralleling Highway 10
northeast of the Chenal Parkway intersection to recognize adjacent land uses
and since the Highway 10 Scenic Corridor Overlay District facilitates the intent of
the Park / Open Space.
#9: Park/Open Space to Commercial paralleling Highway 10 and Chenal
Parkway southeast of the Chenal Parkway intersection to recognize adjacent
land uses and since the Highway 10 Scenic Corridor Overlay District facilitates
the intent of the Park / Open Space.
#10: Park/Open Space to Suburban Office located southeast of Chenal Parkway
and Northfield Drive to recognize adjacent land uses.
#11: Single Family to Public Institutional located in the 19000 block of highway
10 to recognize existing conditions of the Bible Church.
#12: Single Family to Public Institutional located in the 19000 block of highway
10 to recognize existing conditions the Little Rock Christian Academy.
#13. Mixed Office Commercial to Commercial to recognize existing conditions.
#14: Single Family to Public Institutional located northwest of Ranch Drive and
Ranch Boulevard to recognize existing conditions.
#15. Mixed Office Commercial to Office to recognize existing conditions.
#16: Transition to Single Family located between the existing Park/Open Space
west of Katillus Road and including the Montagne Subdivision to recognize
existing conditions and provide for residential development.
#17: Transition to Suburban located northeast of the Katillus Road and Highway
10 intersection to create a buffer between the large Office and Commercial node
(The Ranch) and the less intense Transition area.
#18: Transition to Mixed Office Commercial located on the north side of
Highway 10 west of Pinnacle Valley Road to recognize existing conditions.
The Suburban Office category provides for low intensity development of office or
office parks in close proximity to lower density residential areas to assure
compatibility. A Planned Zoning District is required. Low Density Residential
accommodates a broad range of housing types including single family attached,
single family detached, duplex, town homes, multi-family and patio or garden
homes. Any combination of these and possibly other housing types may fall in
this category provided that the density is between six (6) and ten (10) dwelling
units per acre. Single Family provides for single-family homes at densities not to
exceed 6 dwelling units per acre. Such residential development is typically
characterized by conventional single family homes, but may also include patio or
garden homes and cluster homes, provided that the density remain less than 6
units per acre. Park/Open Space includes all public parks, recreation facilities,
greenbelts, flood plains, and other spaces designated as open space and
recreational land. Commercial includes a broad range of retail and wholesale
sales of products, personal and professional services, and general business
activities. Commercial activities vary in type and scale, depending on the trade
area that they serve. Public Institutional represents public and quasi-public
facilities that provide a variety of services to the community such as schools,
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
3
libraries, fire stations, churches, utility substations, and hospitals. The Office
category represents services provided directly to the consumers (e.g. legal,
financial, medical) as well as general offices, which support more basic
economic activities.
These proposed changes are intended to reflect existing conditions and focus
development at several key activity centers by analyzing the Land Use Plan
along Highway 10 between the Morgan Cemetery Road (Joe T. Robinson
Schools) and Black Street (Pankey).
EXISTING DEVELOPMENTS AND ZONING:
The areas under consideration can be separated into three groups because of
three major activity centers within this section of Highway 10:
AREA ONE: Morgan Cemetery Road (Joe T. Robinson Schools) to
Maywood Road (Chenal Parkway Activity Center).
AREA TWO: Maywood Road to Park/Open Space west of Bella Rosa
(The Ranch Activity Center)
AREA THREE: Park/Open Space west of Bella Rosa to Black Street (Taylor
Loop-Pinnacle Valley Activity Center).
AREA ONE: CHENAL PARKWAY ACTIVITY CENTER
North and east of the Highway 300 and Chenal Parkway intersection is
undeveloped land zoned O-3 (General Office District). About a tenth of a mile
southeast of the intersection is land zoned MF-18 (Multifamily District) developed
with several apartment buildings and an Easter Seals residential development.
Immediately southeast of the multifamily district is additional undeveloped O-3
land. South of the Highway 10 and 300 intersection is an area zoned C-1
(Neighborhood Commercial District) developed with several manufactured
buildings, one housing a barbershop. On the northeast corner is land zoned R-2
(Single Family District), developed with a Methodist church, and a CUP for its
operation. West is additional land zoned R-2 with additional CUPs for the
operation of the Joe T. Robinson schools. Southeast of the intersection is R-2
land with several single-family homes, an institutional use (a cooperative
extension homemakers club), and a developing single-family home subdivision.
Southwest of the intersection is land zoned R-2 occupied by a vacant
gymnasium and sports fields with plans to be redeveloped.
Surrounding the intersection of Highway 10 and Chenal Parkway is land zoned
as C-3 (General Commercial District) with the exception of the northwest corner
zoned PCD (Planned Commercial Development) for a gas station. The
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ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
4
northeast corner is undeveloped. Further north and on the east side of Chenal
Parkway is a mini-storage complex. Additional lands northeast of the
intersection remain mostly undeveloped, with the exception of an electrical
substation and several homes on large lots, all zoned R-2, MF-18, C-3, and O-3.
The southeast corner is developed with a bank, gas station, and Wal-Mart
Supercenter. The southwest and northwest corner, excluding the PCD, remain
undeveloped. Between existing R-2 and C-3 is a strip of land zoned OS (Open
Space). Further south of the intersection is undeveloped O-2 (Office and
Institutional District), C-2, and OS zoned land, as well as R-2 developed with
single-family homes. At the western edge of Area One is land zoned R-2 with
separate CUPs for the operation of The Bible Church and the Little Rock
Christian Academy.
AREA TWO: THE RANCH ACTIVITY CENTER
The south side of Highway 10, from Maywood Drive to Norton Road, includes
areas developed with single-family homes and several nonconforming uses
fronting Highway 10 on land zoned R-2. On the north side of Highway 10, at
Valley Ranch Drive, is undeveloped land zoned O-1 (Quiet Office District) and O-
3. North and northeast of Norton Road are several PCDs and an area shown as
R-2. This area is developed with several small businesses. On the southeast
corner of Norton Road and Highway 10 is a POD (Planned Office Development)
with a Children’s Center. Further to the east are several PCDs for a variety of
commercial activities. On the west side of Patrick County Road at Highway 10 is
an area zoned as R-2 with a CUP for a church. Highway 10 at Chenonceau Blvd
consists of a large area of C-3, O-2, and O-1 zoned land. At the southeast
corner is a POD for a retail and office center. South of Highway 10 on
Chenonceau Blvd are undeveloped lands zoned O-2, O-3, C-3, and MF-12
(Multifamily District). North of Highway 10 between Ranch Drive and Katillus
Road exist lands zoned C-2, PCD, O-2, MF-18, O-3, and R-2, developed with a
mixture of office and commercial buildings including the Family Life, Cingular,
Leisure Arts, a Shell Station, and Izzy’s Restaurant. The multifamily east of
Ranch Drive remains undeveloped and the R-2 is partially developed with single-
family homes and a high school with a CUP. Along the north side of Highway 10
from Ranch Drive to Katillus Road is a narrow strip of land zoned OS following
the roadway. The south side of Katillus Road consists of areas primarily zoned
R-2 with several PODs developed with new offices or homes converted into
office uses. The west leg of Taylor Loop Road at Highway 10 is zoned R-2 with
both large lot residential development and single family homes paralleling Taylor
Loop Road. Two homes on Taylor Loop Road have been converted into other
uses and are reflected by land zoned POD and PCD, respectively. North of
Highway 10 at the west leg of Taylor Loop Road remains sparsely developed
due to the nearby flood plain and large lot residential development.
February 3, 2005
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AREA THREE: TAYLOR LOOP-PINNACLE VALLEY ACTIVITY CENTER
At the western edge of Area 3 the land to the north is zoned R-2 and remains
lightly developed with several single-family homes on large lots. At the
southwest corner of Bella Rosa Drive and Highway 10 is a PCD with Office
Showroom uses and multiple Mini-storage buildings. The southwest corner of
the intersection is zoned R-2 and consists of several single-family homes fronting
Bella Rosa Drive. South of Highway 10 at Seven Acres Drive are properties
zoned POD for several offices and a cellular phone tower. Northwest of Bella
Rosa Drive and Highway 10 is a POD representing a home that has been
converted into an office use. South of Highway 10 and immediately west of the
PODs on Bella Rosa Drive is land zoned OS, representing a floodplain and AF
(Agriculture and Forestry District) for a landscape nursery. An area zoned PR
(Parks and Recreation District) is shown south of Highway 10, southwest and
parallel to Westchester Court, and for an undeveloped community park. Along
Highway 10, and about a tenth of a mile east of Rummel Road, are several
PODs representing a Regions Bank, an office building, several single-family
homes converted into offices, and a veterinarian. North of the east leg of Taylor
Loop Road and Highway 10 intersection is a PDC (Planned Development
Commercial) and a PCD for a recently constructed Walgreen’s and Catfish City
and southwest is a Planned Commercial Development for the David Claiborne
furniture store and the Victorian Garden Restaurant. Immediately west of the
furniture store and restaurant is undeveloped land zoned R-2 bounded by
Westchester Court. South along the east leg of Taylor Loop Road is land zoned
R-2, developed with homes and PODs for uses including offices and a hair
salon. Between the east leg of Taylor Loop Road and Pinnacle Mountain Drive
is an area Zoned C-3 with a hardware store, restaurant, and several small offices
and businesses. Also there are three PCDs, two developed with banks, and one
undeveloped. A PDC exists on the north side of Highway 10 just west of
Pinnacle Valley Road for a restaurant. Also in this section is land zoned R-2
developed with a church and single-family homes. North of the Pinnacle Valley
Drive and Highway 10 intersection, paralleling Pine Mountain Drive, is an area
zoned R-2 and developed with single-family homes. West of Pinnacle Valley
Drive and north of Highway 10 is an area zoned PCD that is currently
undeveloped, while on the south side of Highway 10 is a small area of
undeveloped land zoned R-2, a PCD for a commercial strip center, and an area
zoned C-3 with mini-storage units. Northeast of the Highway 10 and Black Street
intersection is land zoned C-3 and developed with a Sonic Drive In and Kroger
grocery store. The northeast and southwest corners are zoned PCD and
developed with a bank and a liquor store, respectively.
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
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FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
AREA ONE:
On February 17, 2004 five parcels of land were changed in the area of Chenal
Parkway, Highway 10, and Highway 300. This eliminated land shown as Single
Family and added land shown as Office, Commercial, Park/Open Space, and
Multifamily. The reasons for this change were to accommodate future
development and to create an orderly transition of use intensities between
nearby Commercial and Single Family areas.
On January 2, 2002 three changes were made to the Land Use Plan at three
locations in the area. All changes resulted in the loss of Single Family and
resulted in the addition of Commercial north and east of Northfield Road and
Chenal Parkway, Suburban Office south and east of Northfield Road and Chenal
Parkway including the first transmission line easement, and Park/Open Space for
the remainder of the land south and east of Northfield Road between Chenal
Parkway and Aberdeen Subdivision.
On March 6, 2001 a change was made from Single family to Commercial just
east of the Highway 10 and Cantrell Road intersection to accommodate future
commercial development.
Area One is surrounded by an area shown as Single Family with a Commercial
node at the Highway 10 and Chenal Parkway intersection. Along both sides of
Chenal Park way and Highway 10 a Park / Open Space strip is shown. The
southeast section shows land as Park Open Space and as Suburban Office
fronting Chenal Parkway. On the southeast side of this activity node
Commercial, Office and Park Open Space border an area shown as Single
Family. On the northeast edge of Area One are areas shown as Office and
Multifamily to provide a buffer between the adjacent Single Family and
Commercial. On the north side of Chenal Parkway north of Highway 10 is an
area shown as Office and Multifamily. West of Highway 300 is an area shown as
Single Family while the area east of Highway 300 is shown as Office, Public
Institutional, and Park/Open Space to provide an orderly step down from the
more intense Commercial uses. The southwestern edge of this activity node is
shown as Public Institutional.
AREA TWO:
On January 2, 2002 a change was made from Single Family to Suburban Office,
Commercial, and Park / Open Space on the east side of Chenal Parkway on the
south side of Cantrell Road to accommodate proposed development.
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
7
On June 20, 2000 the Mixed Office Commercial located at the northwest and
northeast corner of Highway 10 and Chenonceau Blvd. was amended to
Commercial for future commercial development.
November 16, 1999 a change was made from Single Family to Office at 6400
Patrick County Road which is less than a quarter mile north of Highway 10 and
on the west side of Patrick Country Road.
On October 5, 1999 a change was made from Office to Mixed Office Commercial
northeast of the Highway 10 and Ranch Blvd intersection.
On July 21, 1998 multiple changes were made in the area from Single Family to
Suburban Office and Office to the on the north side of Highway 10 near Valley
Ranch Drive.
North, south, and west of Area Two is shown as Single Family. On the
northwestern edge, areas of Suburban Office and Office are shown. The
northern edges show Multifamily, Mixed Office Commercial, and Office. An area
shown as Commercial is located at the intersection of Chenonceau Boulevard
and Highway 10. An area of Multifamily is shown west of Chenonceau Blvd and
is buffered by from the Chenonceau Commercial area by an area Shown as
Suburban Office. Near the western edge of the site is an area shown as Existing
Business Node and Public Institutional to recognize existing businesses, and a
church, respectively. Between Ranch Drive and Ranch Boulevard the area south
of Highway 10 is shown as Single Family with Suburban Office stretching from
approximately Drew Lane to the Park/Open Space shown just west of Katillus
Road. The northwest corner of Katillus and Highway 10 is shown as
Commercial. West of the Park/Open Space strip and Katillus Road is an area
shown as Transition paralleling Highway 10 to the eastern boundary of study
Area Two.
AREA THREE:
On August 19, 2003 a change was made from Transition to Commercial at
14410 Cantrell Road to accommodate proposed development.
On February 18, 2003 multiple changes were made within the area to recognize
existing conditions. This includes Transition to Suburban Office north of
Highway 10 and west of Rummel Road, Transition to Single Family immediately
south of Highway 10 at the end of Westchester Court, Transition to Commercial
immediately northwest of the Highway 10 / Taylor Loop Road intersection,
Transition to Single Family on Jerry Drive just south of Highway 10, Transition to
Single Family on Highway 10 at Westbury Drive, and Transition to Open Space
at Highway 10 and Ison Creek.
On July 17, 2001 a change was made from Single Family to Park / Open Space
at Pankey Park immediately east of the study area to recognize existing
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ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
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conditions.
At the western edge is a strip Park/Open Space between Bella Rosa Drive and
the west leg of Taylor Loop Road. The western half-mile of Area Three is
generally characterized as an area shown as Transition paralleling Highway 10
with the exception of Park/Open Space on the north side of Highway 10 between
Tully Cove and Rummel Road. South of Highway 10 at Rummel Road are areas
shown as Park/Open Space and as Single Family. West of Rummel Road is
shown as Suburban Office and further west is an area shown Transition.
Southwest of the Rummel Road intersection is additional Land Shown as
Transition. At the east leg of Taylor Loop Road and Highway 10 is a Commercial
node with Commercial shown on all corners. At Jerry Drive, land is shown as
Public Institutional as well as additional land as Transition. West of Pinnacle
Valley Road is additional Park/Open Space following Ison Creek while to the
east is shown as Transition. At the eastern edge is a large area shown as
Commercial on both sides of Highway 10.
MASTER STREET PLAN:
AREA 1: Highway 10 is shown as a Principal Arterial running east and west
through area and is built as a five-lane road east of Highway 300, and as a two-
lane rural highway west of Highway 300. Chenal Parkway is also shown on the
plan as a Principal Arterial south of Highway 10 with special design standards
identified in Ordinance No. 16,682 and 16,652, and shown as a Minor Arterial
north of Highway 10. Highway 300 is shown as a Collector as well as nearby
Chalamont Drive.
AREA 2: Highway 10 (Cantrell Road) is shown as a Principal Arterial running
east and west through area and is built as a five-lane road through this section.
At the western edge of this area there are two proposed Collectors in the Master
Street Plan. One links Patrick County Road to Pinnacle Road and the other
connects Highway 10 to the proposed Patrick County/Pinnacle Roads link at
approximately Maywood Drive. Patrick County Road is not built to standards.
Chenonceau Blvd is shown as a Minor Arterial south of Highway 10 and is built
to Minor Arterial Standards.
AREA 3: Highway 10 is shown as a Principal Arterial running east and west
through area and is built as a five-lane road through this section. Taylor Loop
intersects Highway 10 at two locations on Highway 10. The west leg is shown as
a Collector and not built to standards with a future connection south to Chenal
Valley Drive via La Marche Drive. The east leg is shown as a Minor Arterial with
several half-street improvements connecting with Rahling and Hinson Roads,
also Minor Arterials. The 2003 Bond should fund improvements to Taylor Loop
Road between Highway 10 and Hinson Road. Another Minor Arterial, Pinnacle
Valley Road, intersects Highway 10 in this area. Pinnacle Valley Road is not
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
9
built to Minor Arterial standards and its intersection with Highway 10 is being
reviewed for realignment by the Pulaski County Public Works. At the eastern
edge of the study area is Black Street, which is shown as a Collector and not
built to standards. Black Road will connect with Hinson Road via Old Oak Drive.
South of Highway 10 Black Street is closed due to a failing bridge.
The primary function of a Principal Arterial is to serve through traffic and connect
major traffic generators or activity centers within urbanized areas. The purpose
of a Minor Arterial is to provide connections to and through an urban area, and
the primary function of a Collector Street is to provide a connection from local
streets to arterials.
BIKEWAYS: A Class I Bikeway is shown on Chenal Parkway from Highway 10
to the south, adjacent to the east leg of Taylor Loop Road, and through the
Park/Open Space area west of Westchester Court. A Class I Bikeway is
designed for the sole use of a bicycle and is physically separated from the street.
A Class II Bikeway is shown on Highway 300 between Chenal Parkway and
Highway 10, and on Highway 10 from Chenonceau Blvd. to the west. A Class II
Bikeway is a route designated for the sole use of bicycles but is physically
connected to the roadway. Class III Bikeways are shown on Chenal Parkway
north of Highway 10 to Highway 300, and on Chenonceau Blvd. Class III
Bikeways are designated with signs for bicycle use, but are shared with
motorized vehicles.
PARKS:
According to the Parks and Recreation Master Plan this application is in the
West Little Rock Park Planning District. The Plan identifies a lack of public parks
in west Little Rock and recognizes private neighborhood parks and recreation
facilities as parkland in the west Little Rock area. The review area has several
areas classified as being in a “Neighborhood Service Deficit Area” regarding the
Parks and Recreation Eight Block Strategy. The Eight Block Strategy is
designed to create “a city in a park” providing developments access to a park
within eight blocks. The largest park in this area is Taylor Loop Park, which is a
thirty-five acre community park that is undeveloped.
The Parks and Recreation Master Plan also shows a Potential Greenbelt along
the floodway of Ison Creek running parallel to Pinnacle Valley Road in Area
Three. Any development in the area will need to respect the integrity of the
drainage system located in the 100-year flood plain of the creek, as well as the
integrity of the Potential Greenbelt shown in the plan.
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
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The Parks and Recreation Master Plan does not indicate any new proposed
parks for the area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The review area generally lies in areas not covered by a Neighborhood Action
Plan. Part of Area Three is covered by the River Mountain Neighborhood Action
Plan. Numerous goals were developed to help protect the quality of life in the
Neighborhood. Goals include: Traffic and Transportation “Ensure safe and
efficient movement of pedestrian, bike and vehicular traffic in, around, and
through the neighborhood,” Sustainable Natural Environment, “to conserve and
improve the natural environment for this and future generations so that it will
sustain life, maintain health, and provide an improved quality of life.” Parks and
Recreation, "to design spaces that meet both the group and solitary recreational
needs of residents," and Residential Development, “To promote and integrate
community structure and design that provides a unique, healthy, and safe urban
living environment.” The underlying concept of these goals is for quality
development to occur in the area. Developments that integrate the community
and provide a mix of uses are a key and could help minimize the effects ad hoc
developments.
ANALYSIS:
AREA ONE:
Generally, Area One is a mixture of rural and suburban activities. In recent years
improvements to Highway 10 and new single-family home development in the
area has created a market for commercial activities. Although convenient to new
residential developments, the location of new businesses and offices in the
overall corridor has pulled some commercial and office activities further west of
Little Rock’s central business district, creating additional traffic in the area.
Recent Development of a Wal-Mart Supercenter has acted as a catalyst in the
area. Additional Commercial development is expected to follow which will bring
additional traffic to the area. The primary goal of Area One is to maintain the
existing commercial areas and limit the commercial expansion in the area. At
the intersection of Chenal Parkway and Highway 10 is approximately 100 acres
of land shown as Commercial with just under half developed. Also shown at the
intersection are several areas of Park/Open Space that were intended to
recognize green areas between development and the road ways. Since the
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
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introduction of the Park/Open Space strips alongside the intersection two
Overlay Districts for Highway 10 and Chenal Parkway have been established.
The Overlay Districts require developments to follow strict landscaping
requirements, minimum building setbacks, and limited access to Highway 10 and
Chenal Parkway to allow the roadways to function at an efficient level of service
and help retain the areas scenic quality. The Overlay Districts are accomplishing
the ultimate goals of the Park/Open Space strips and staff feels that their
removal will result in no difference in area development. South of Northfield
Drive, alongside Chenal Parkway is additional Park/Open Space and Staff feels
the removal is appropriate for the same reasons. At the northeast corner of
Highway 10 and Chenal Parkway is an area shown as Single Family that is
surrounded by Commercial and developed with an electrical substation.
Realistically, Single Family development will not occur in that area in the
immediate future due to the substation, and Staff feels that showing the area as
Commercial would be more appropriate because of the adjacent properties.
Currently the cul-de-sac Bouresse Drive, which backs onto Chenal Parkway, is
shown as Public Institutional on the Land Use Plan. Staff feels change #7 is
appropriate to recognize existing conditions on Bouresse Drive.
Changes #2 and #3 are stemmed off of the expired land lease for the Joe T.
Robinson School’s Gymnasium and ball fields. The Joe T. Robinson Schools
are now building a new gymnasium and ball fields at a nearby site and
redevelopment of the property is anticipated. Staff believes residential
redevelopment is more appropriate for the site. Area One can be considered as
the western entrance to Little Rock from outlying Pulaski County and Perry
County. Immediately south of Highway 10 are new single-family developments
that have recently occurred which might result in additional demand for quiet
office uses to compliment the Commercial and Office shown in the area. In the
area, 40 acres are shown as Office that has not been developing. Staff believes
that the large areas of Office are still appropriate and will develop in the future
when the demand is greater. Since this area is growing, new development tends
to be located near the Arterials for visibility and convenience reasons. Utilizing
the smaller parcels of land alongside Highway 10 and the intersection of
Highways 300 and 10 will provide this exposure for small developments and will
provide quality, limited access developments through the Planned Zoning District
requirement. The Suburban Office designation is a compatible and similar type
use for the Public Institutional at the corner of Highways 300 and 10. Change #2
shows Low Density Residential adjacent to the school to separate it from the
Suburban Office uses. The Low Density residential Category is also intended to
allow a different style developments in the area. In the Highway 10 study area,
few areas are identified as Low Density Residential. Within the Low Density
Residential category development can range from six to ten units per acre. This
type of land use designation can encourage patio home or innovative
development. Current development in the area has resulted in multiple
subdivisions consisting of single family home development on lots over 7000
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
12
square feet and several multi family developments. The Low Density
Residential classification will allow for a variation of area housing styles and
allow for the construction of smaller homes, which can result in home ownership
possibilities for more people.
Also, since properties in Area One are in the Highway 10 and Chenal Parkway
Overlay Districts, entrances and exits to individual sites will be limited to prevent
impedance of traffic on the Principal Arterials. Concentrating the most intense
uses and highest trip generators at the intersection will allow for minimal access
points on the major roads. Since the Commercial areas are large, internal
circulation and driveway sharing can be encouraged. Furthermore, Central
Arkansas Transit Route 25 (Highway 10 Express) serves the Highway 10 and
300 areas daily. Development and intensity should be designed to relate to
mass transit and future connections on Highway 10.
At the eastern edge of Area One are two large institutional uses, The Bible
Church and Little Rock Christian Academy encompassing 70 acres on land
shown as Single Family. Staff recognizes the importance of the institutional uses
and feels that it is best to recognize the church and school areas as Public
Institutional. This representation would more accurately depict their influence,
and the influence of adjacent development in the near their property. The Public
Institutional will also define a step down in intensity between the Commercial
activities at Chenal Parkway and Highway 10 and the adjacent Single Family
uses.
AREA TWO:
Area Two features several different land uses that are developed in different
styles. West of Patrick Country Road on Highway 10 is an Existing Business
Node featuring established businesses that were developed in a pattern
consistent with the once rural highway. Uses in the Existing Business Node
generally are not in compliance with the Highway 10 Overlay requirements
because their construction pre-existed the Highway 10 Design Overlay
Ordinance and extraterritorial jurisdiction, and have various setbacks and
building styles that make it unique to the area. Staff feels that any change in the
Existing Business Node at this time could be premature and change and
conformance will come as the area redevelops.
East of Patrick Country Road is predominately new growth in “The Ranch”
development. The 1999 Ranch Development Agreement, Ordinance 18,106,
defined development guidelines relating to Office, Commercial, Multifamily,
Public Institutional, and Single Family development for the area. The Ordinance
states that the maximum amount of straight commercial zoning between
Highway 10 and the railroad tracks to the north will be 63.2516 acres unless
approved by the Board of Directors. Over the last six years development
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
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patterns have strayed from the original site plan and have resulted in multiple
large office buildings at the eastern edge and creation of a Commercial Node at
the intersections of Chenonceau and Ranch Boulevards with Highway 10.
Presently the amount of Commercial zoning in the area, including PCDs, equals
76 acres. However, only 56 acres is zoned straight commercial (C-2 or C-3), of
which 33 acres is shown as Commercial on the Land Use Plan. Staff believes
that change #13 will more accurately depict the amount of Commercial in the
Area, and will better illustrate a Commercial node at the Chenonceau Blvd and
Ranch Drive Highway 10 intersections. Change #15 is similar in concept to #13,
but reflects the large blanket of O-3 zoning in the Mixed Office Commercial area.
This property is developed with large office buildings and is anticipated to remain
as predominately an office use. Any commercial activities that occur in the
Office area will be limited to the 10% insularly use allowed per the office zoning.
The result is that Mixed Office Commercial area will be reduced to 20 acres from
the presently shown 60 acres, to better reflect existing zoning and the planned
developments that contain a mixture of office and commercial. North on Ranch
Drive is a large private school with future plans for expansion. Change #14 is
intended to recognize the school and how the potential of influencing by
surrounding land uses.
In Area Two multiple new developments have been changing the once rural
countryside into a somewhat suburban landscape. South Katillus Road is now
becoming a main entrance to some of the most recent residential subdivisions.
At this time at least 60 new lots have been created and have access off of
Katillus Road, which translates to at least 600 trips daily. The new single family
development, such as, Cheveaux Court to the west, Montagne Court, and Valley
Falls Estates, and several recent small subdivisions in Area Two, have shown a
desire for single family growth south of Cantrell Road. In this area, any intense
development on the south side of Highway 10 could harm residential
development in the area. Montagne Court has been developing immediately
behind several of the older homes facing Cantrell Road that have been
converted into office uses. The development pattern in the Transition area and
its current intensification is proving to be compatible with nearby neighborhoods.
Change #16 is proposed to acknowledge Montagne Court, the adjacent area’s
single family potential, and reiterate compatible development in a Transition
area.
AREA THREE:
Staff looked at the Transition area between Rummel Road and Pinnacle Valley
Road to see what non-residential activities could be supported and what non-
residential activities have appeared with respect to adjacent land uses.
Identified within the Transition area between the two roads were several PCDs
and office uses. Since 1999 numerous changes have occurred in the Land Use
Plan in Area Three from Rummel Road to Interstate 430, predominately
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conversion of Transition to other land use categories. In Area Three two
Commercial Nodes have expanded from approximately 36 acres to
approximately 51 acres, a 40 percent increase. Originally a Transition area
separated the commercial areas. Over time, increased pressure to rezone for
commercial uses has been brought to the Planning Commission and the Board
of Directors. Over time applicant’s proposals for Planned Commercial
Developments were approved and have resulted in expansion of the Commercial
areas towards one another and the introduction of non-conforming PCDs within
the Transition area between Taylor Loop Road’s east leg and Black Street.
Change #18 is intended to recognize the existing PCDs and the mixture of office
and commercial uses that are occurring in the general area on the north side of
Highway 10 and recognize that these once separate commercial nodes have
begun to function harmoniously. Planning Staff intends on encouraging light
office, residential, and multifamily developments consistent with the Transition
Land Use category to prevent expansion of Commercial Activities west of Taylor
Loop (east leg) and east of Pinnacle Valley Road. Staff feels that the small
distance between the two nodes can intensify slightly, but as to not define a
center of a new, large, Commercial Node. The Taylor Loop (east leg) and
Pinnacle Valley Road Nodes have evolved into a unique system on Highway 10
that works together as one quasi-node with no defined center. The nucleus of
the quasi node is made of lower intensity office and commercial uses, which
depend on the adjacent commercial nodes, similar to a shopping center.
NEIGHBORHOOD COMMENTS:
Staff mailed requests for comments to major landowners and neighborhood
associations on September 8, 2004 during early stages of our review. Staff then
mailed requests for comments from all affected landowners and neighborhood
associations on November 16, 2004. At the time of filing, Staff mailed a notice
that included a map of the entire area that is being considered in this application
to all previous recipients and to all of the following neighborhood associations:
Aberdeen Court Property Owners Association, Bayonne Place Property Owners
Association, Du Quesne Place Property Owners Association, Johnson Ranch
Neighborhood Association, Margeaux Place Property Owners Association,
Maywood Manor Neighborhood Association, Pankey Community Improvement
Association, Pinnacle Neighborhood Association, Secluded Hills Property
Owners Association, Walton Heights-Candlewood Neighborhood Association,
Westbury Neighborhood Association, and Westchester/Heatherbrae Property
Owners Association.
Since the introduction of this Land Use Plan Amendment Staff has received 49
comments from area residents that resulted in the proposed amendment. Eight
people responded to the final amendment package. One was in support, none
were opposed and seven were neutral. Two comments requested an area of
Single Family be shown at the Highway 10 and west leg of Taylor Loop Road
February 3, 2005
ITEM NO.: 13 (Cont.) FILE NO.: LU05-20-02
15
Intersection.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate to recognize existing conditions and
provide for sound growth in the area.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 9 ayes, 0 noes
and 2 absent.
February 3, 2005
ITEM NO.: 14
SUBJECT: Proposed Amendments to Chapter 36 of the Code of
Ordinances related to various uses, which are
residential in nature.
REQUEST: That the Planning Commission receives comments
from interested parties and the Transitional Housing
Task Force and vote on a recommendation to the
Board of Directors.
STAFF REPORT:
In response to a request for a conditional use permit to place a transitional
housing facility in the John Barrow neighborhood in early 2004, a Task Force
was appointed to study the overall issue of nontraditional residential uses in Little
Rock. The group was comprised of various City and State staff, neighborhood
association and coalition representatives, and a representative of the real estate
industry and service providers. The group first met on May 27, 2004 and met
numerous times throughout the year. A final draft of proposed changes was
presented to the group and approved on January 13, 2005.
What began as a fairly uninvolved study of the issue of group homes for
recovering addicts and persons released from incarceration quickly become
more complicated as the Task Force worked through various state and federal
regulations and precedent-setting court rulings. The group felt it was important
to make clarifications in the Code to comply with state law and the federal Fair
Housing Act as they relate to housing for handicapped and developmentally
disabled individuals.
The changes proposed by the Task Force are a combination of new provisions in
the Code and “cleaning-up” existing language. The major points are as follow:
• Amending the definition of “family” to be consistent with the federal Fair
Housing Amendments Act.
• Eliminating “establishments of a religious, charitable or philanthropic
organization or establishment of for the care of alcoholic, narcotic or
psychiatric patients which provide residential treatment or temporary housing”
from the conditional use permit section of the Code.
• Creating two new definitions; “group home” and “parolee or probationer
housing facility”.
February 3, 2005
ITEM NO.: 14 (Cont.)
2
• Adding family care facility, group care facility, group home, parolee or
probationer housing facility and rooming, lodging and boarding facility to the
list of permitted special uses in residential zones.
• Establishing procedural requirements for those facilities under the special use
section of the Code.
It is felt by the Task Force that the proposed changes will address the concerns
raised by neighborhoods as well as provide an appropriate process for providers
of such services to follow when seeking approval of facilities.
The group also thought it was appropriate to place these under the auspices of a
special use permit since there is a revocation procedure already in existence for
special use permits. Also, the Planning Commission has recently amended its
bylaws so that applicants for a special use permit must now send notices via
certified mail based on an abstract company’s list of property owners within 200
feet.
A copy of the proposed ordinance amendment, with specific language, is
attached.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Dana Carney, of the Planning Staff, presented the item and gave a brief
synopsis of the work of the Task Force.
Deputy City Attorney Cindy Dawson explained each section of the proposed
Ordinance.
Chief Deputy City Attorney Bill Mann discussed various provisions of the Federal
Fair Housing Amendments Act of 1988 and the implication of that act on city
zoning. He stated other cities had been successfully sued under the FFHAA
over their definition of “Family”. Mr. Mann stated the number of residents had
been upheld at 8 by case law in the Eighth Circuit. He stated he felt the contents
of the proposed ordinance were well drafted and legally defensible.
In response to a question from the Commission, Mr. Mann stated the justice
department had “looked askance” at spacing requirements.
Commissioner Floyd commented that he understood that the expanded definition
of handicapped included recovering alcoholics and drug addicts. He asked what
that would do to the City’s ability to act on such homes. Bill Mann responded
that no action would be needed for any such home that housed no more than
February 3, 2005
ITEM NO.: 14 (Cont.)
3
eight (8) persons. Mr. Floyd stated he felt it would be a commercial use to house
that many persons. Ms. Dawson responded that such a use would be a single-
family use, not a commercial use.
In response to questions from Commissioner Rector, Mr. Mann and Ms. Dawson
stated current users of drugs and alcohol would not qualify as handicapped and
the City cannot require “house parents” for handicapped persons because house
parents are not required for any other single family.
It was noted that any property could be regulated under the City’s nuisance laws.
There was then a discussion of occupancy limits and the current definition of
family.
Commissioner Adcock stated the task force had worked for 9 months on the
issue and the Commission should move forward.
Kathy Wells, of the Coalition of Little Rock Neighborhoods and member of the
Task Force, spoke in support of the Ordinance Amendment. She stated that she
too wanted more restrictions at first. Ms. Wells stated the process had triggered
an intense review of Fair Housing laws and city code. She asked for support for
the Ordinance and suggested adding these rental facilities to the City’s rental
inspection program.
Chris Porter, Task Force member, spoke in support.
Doris Wright, president of the John Barrow Neighborhood Association and Task
Force member, spoke in support. She stated she had raised the very same
questions being raised by the Commission. She stated she had a better
understanding of Fair Housing. Ms. Wright stated the Task Force had done the
best job it could.
Myra Jones, representing the Little Rock Realtors Association, spoke of
concerns with the proposed new definition of “family”.
A motion was made to approve the Ordinance. The vote was 5 ayes, 4 noes and
2 absent.
February 3, 2005
ITEM NO.: 15
NAME: Little Rock Parks and Recreation Master Plan
Presentation; Animal Services Facility at First Tee
LOCATION: Kramer Drive, north of First Tee Facility
OWNER/APPLICANT: City of Little Rock/Parks and Recreation and
Housing and Neighborhood Program Departments
PROPOSAL: Little Rock Parks and Recreation Master Plan to add
an animal services facility.
DESCRIPTION OF USE:
New Animal Services shelter, adoption facility and dog park located on Parks
and Recreation property located on Kramer Dr. north of the First Tee Facility.
Efforts will be made to buffer in such a way that both the First Tee and Little
Rock Animal Services patrons will have access, which will encourage
involvement in activities to compliment each other. The Animal Services facility
and the Dog Park (which will be for public use) will support each other with
educational activities. The Parks staff is in support of this project and both the
Parks and Recreation and First Tee Commissions have approved this use of the
property.
The Parks and Recreation and Housing and Neighborhood Program
Departments will present this item before the Planning Commission at the
February 3, 2005 public hearing.
PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005)
Bryan Day, Director of Parks and Recreation, presented the master plan to the
Commission. There was a brief discussion of the new Animal Services shelter,
adoption facility and dog park. There was a motion to support the Little Rock
Parks and Recreation Master Plan as presented. The motion passed by a vote
of 9 ayes, 0 nays and 2 absent.