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LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
MARCH 17, 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
Robert Stebbins
Jerry Meyer
Chauncey Taylor
Norm Floyd
Fred Allen, Jr.
Jeff Yates
Darrin Williams
Members Absent: Bill Rector
City Attorney: Cindy Dawson
III. Approval of the Minutes of the February 3, 2005 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MARCH 17, 2005
4:00 P.M.
I. OLD BUSINESS:
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-6274-A Jose’s Nite Club Latino, Inc. – Conditional Use Permit
9110 I-30
E. Z-7586-A Adams Day Care Family Home – Special Use Permit
9009 Woodford Drive
F. Z-7781 Adkins Day Care Family Home – Special Use Permit
9617 Wilderness Road
G. Z-7780 Rezoning from R-2 to I-1
23400 Hugh Taylor Road
H. Z-7783 Rezoning from R-2 to O-3
14929 Cantrell Road
I. Glenn Ridge Addition Revised Preliminary Plat (S-1426-A), located on the
Southwest corner of Colonel Glenn Road and I-430.
J. Best Park Commercial Surface Parking Lot Conditional Use Permit
(Z-7788), located at the Southeast corner of 6th and Center Streets.
K. A Land Use Plan Amendment (LU05-04-01), located in the Heights Planning
District in the 700 Block of North University Avenue from Office to Mixed Use.
K.1. University Park Short-form PD-R (Z-7563-A), located at 715 North University
Avenue.
L. MDS of Tennessee Medical Waste Disposal Facility Conditional Use Permit
(Z-7785), located 5400 Scott Hamilton Drive.
Agenda, Page Two
II. NEW BUSINESS:
1. Z-7800 Badgett Day Care Family Home – Special Use Permit
4120 West Drive
2. Z-7801 Hunter Day Care Family Home – Special Use Permit
5 Apple Cove
3. A Land Use Plan Amendment (LU05-12-02), located in the 65th Street West
Planning District South of Bowman Plaza Drive and East of David O Dodd from
Office to Commercial.
3.1. Z-3371-M Rezoning from O-3 to C-3
South side of Bowman Plaza Drive, at David O Dodd Road
4. Z-5099-C Rezoning from MF-18 to O-3
Near the Northeast corner of Cantrell Road and Chenal Parkway
5. Z-7799 Rezoning from MF-24 and O-2 to C-3
Northeast corner of Chenal Parkway and Rahling Road
6. Z-6096-C Chenal Valley Montessori School – Revised Conditional Use Permit
15717 Taylor Loop Road
7. Z-7802 Adams Day Care Center – Conditional Use Permit
3821 Baseline Road
8. Proposed Amendment to Chapter 36, Section 36-338 of the Code of Ordinances
to permit manufactured homes as a by-right use in the AF Zoning District.
March 17, 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.
March 17, 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.
March 17, 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.
March 17, 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.
March 17, 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.
March 17, 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.
March 17, 2005
ITEM NO.: A (Cont.) FILE NO.: Z-7620
7
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at its February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff recommended that the application be deferred to the April 28, 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 April 28, 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.
March 17, 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.
March 17, 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.
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at its February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
March 17, 2005
ITEM NO.: B (Cont.) FILE NO.: Z-7725
3
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
March 17, 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.
March 17, 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.
STAFF UPDATE:
The Task Force which had been studying the issue of transitional housing
facilities in the City of Little Rock forwarded its recommendations in the form of
suggested Ordinance amendments to the Planning Commission. The
Commission reviewed the issue at is February 3, 2005 meeting. The
Commission was divided in its opinion of the proposed amendments. The Board
of Directors has not yet reviewed or acted on the suggested changes.
It is the opinion of Staff and the City Attorney’s office that the application should
be deferred again. Staff recommends that the item be deferred to the next
regularly scheduled Commission hearing, which is on April 28, 2005.
March 17, 2005
ITEM NO.: C (Cont.) FILE NO.: Z-7726
3
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was not present. There were no objectors present. Staff
recommended that the item be deferred to the April 28, 2005 Agenda. There
was no further discussion.
The item was placed on the Consent Agenda and deferred to the April 28, 2005
meeting by a vote of 9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: D 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
March 17, 2005
ITEM NO.: D (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.
March 17, 2005
ITEM NO.: D (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.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
4
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
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.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
5
Terry Burruss, representing the applicant, stated the applicant was already
making payments on the building and a deferral would create a financial
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.
STAFF UPDATE:
In response to concerns raised by neighbors, the applicant has submitted the
following conditions as amendments to the conditional use permit application:
(a) Regular hours of operation shall be 7:00 p.m. – 2:00 a.m.,
three days per week, Friday, Saturday and Sunday. Special event hours
shall be limited to Fridays, Saturdays and Sundays. (Staff assumes the
outdoor flea market is still proposed as 7:00 a.m. – 4:00 p.m., Saturday
and Sunday.)
(b) In order to ensure proper security, Applicant shall:
(1) Employ a minimum of two (2) off-duty police officers on patrol
in the parking lot Premises after 6:00 p.m. during special
events and regular operations. If there are fewer than two (2)
off-duty police officers on duty in the parking lot during
operating hours after 6:00 p.m., applicant shall cease
operation and close, vacating the Premises of all customers,
club members and guests until the minimum required officers
are on duty.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
6
(2) Employ adequate private security inside the facility at all times
during regular operation to ensure a peaceful and safe
environment. Interior security shall monitor all admissions,
electronically screening every person entering to check for
weapons. Any person attempting to enter with a knife or other
weapon shall be escorted from the Premises and not allowed
admission during the remaining hours of operation.
(3) Require all guest vehicles to be removed from the parking lot
upon the close of business before outside security officers
leave the Premises.
(4) Secure the parking lot with gates at each drive entrance and
lock the gates as soon as security officers have removed
guest vehicles.
(5) Install security cameras to monitor and record activity on the
parking lot.
(c) To reduce litter which might be attributable to applicant’s use
of the Premises, Applicant shall:
(1) Clean and remove all litter in the parking lot after each special
event or regular hours of operation.
(2) Clean and remove litter on the neighboring property (subject
to neighbor approval) and rights-of-way abutting Premises for
at least sixty feet (60’) around the perimeter of Premises.
(d) To minimize the potential for any annoyance due to noise
from applicant’s use of the Premises, Applicant shall:
(1) Remove the louvered fans on the east side of the main
building and seal openings with exterior siding, insulation and
interior gypsum board.
(2) Replace the rear overhead door in the main building with well-
sealed, weather-stripped double doors.
(3) Monitor the sound amplifier and control all music sound levels
such that the interior sound is not audible beyond the
Premises.
(4) Allow no exterior music after 6:30 p.m.
(5) Limit exterior music on Sundays to a maximum of three
occasions in any one calendar year.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
7
STAFF RECOMMENDATION:
Staff’s recommendation on this amended application is forthcoming.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present. There were numerous persons present, both in
support and in opposition. Several letters of opposition and support had been
received by staff and forwarded to the Commission. Staff presented the item
and noted the additional conditions, which had been added to address concerns
raised by the neighbors. Staff recommended denial of the application. Dana
Carney, of the Planning Staff, explained that staff had spent the past three
months studying the issue; working with the applicant and listening to concerns
raised by neighbors. Mr. Carney stated staff had come to the conclusion that the
proposed use was not compatible with the area. He questioned whether it was
appropriate to permit a use that required so many conditions. Mr. Carney noted
that many of the conditions were related to the operation of the business and
would be very difficult for staff to monitor and enforce.
Dickson Flake spoke in support of the application. He stated he had a fractional
ownership in the property and would be leasing it to Jose Contreras. Mr. Flake
stated the business would only be in operation three days a week. He stated the
property could have been rezoned to C-3, where the use is permitted by-right.
Mr. Flake presented a summary of various crime statistics and surmised that
Mr. Contreras’ business was not a problem at its previous Geyer Springs
location. He explained the proposed security procedures to control the parking
lot. Mr. Flake stated Mr. Contreras had volunteered all of the additional
conditions and had agreed to make them part of the lease contract. Mr. Flake
stated if Mr. Contreras failed to adhere to the conditions, the lease could be
terminated. Mr. Flake stated the applicant will keep his site and neighboring
properties clean of littler. He stated a study had been conducted by an acoustic
consultant and all recommendations would be followed. Mr. Flake stated traffic
should not be an issue due to the number of collector streets in the area.
Jay Freeman spoke in support of the application. He stated he was Director of
LaCasa, a Latino support organization, and he knew Mr. Contreras to be a good
and honorable man. He stated the proposed special event center would be a
benefit to the community and would provide a place for persons who share
common interests to come together.
Donna Taylor, manager of the Oaks Apartments located at 7700 Chicot Road,
spoke in opposition to the item. She stated many of her tenants were low to
moderate income, single parents with children. She stated the tenants were
opposed to the use and many were afraid.
Troy Laha, vice-president of the Cloverdale Neighborhood Association, spoke in
opposition. He voiced concern about people driving through the neighborhood
after leaving the center.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
8
Herb Dicker, president of the Meadowcliff Neighborhood Association, spoke in
opposition. He voiced concerns about noise and traffic.
Janet Berry, president of SWLR United for Progress, stated her organization had
voted to oppose the application.
Don Wallace, representing the Scimitar Shrine, spoke in opposition. He voiced
concerns about vandalism and security of the Shriners’ property. He stated
many of the organization’s members were older and were concerned about their
personal safety if the special even center were allowed to locate adjacent to the
Shrine. Mr. Wallace voiced concern that overflow parking from the special event
center would end up on the Shriners’ property.
John Honea, president of the South Brookwood-Ponderosa Neighborhood
Association, spoke in opposition. He voiced concerns about traffic, noise and
crime. He asked those present in opposition to stand. Approximately 15
persons stood.
Michael Rushin, a real estate broker, spoke in opposition. He voiced concern
about the effect of the special event center on area property values.
Mr. Flake then asked those present in support to stand. Approximately 20
persons stood. He stated he had a petition with the signatures of 200 persons in
support of the proposal. (Staff did not receive a copy of that petition.) Mr. Flake
stated noise concerns will be addressed, hours of operation are limited, there
were not a lot of criminal incidents at the previous location and he sensed a hint
of stereotyping of this applicant. Mr. Flake stated Mr. Contreras was an excellent
operator with a good history.
There was then a discussion of the nature of complaints at the previous location
and the City’s ability to enforce its nuisance laws. Commissioner Meyer
commented that this use could be huge; “either good or as a huge mess”.
In response to a question from Commissioner Williams, Mr. Flake confirmed that
all of the conditions and lease covenants were to be part of the C.U.P.
Mr. Flake stated it was a cumbersome process to prove a nuisance. He stated:
“If I have any credibility, I do not want to lose it over this lease. I
have sole discretion as landlord with unilateral right to terminate the
lease.”
Commissioner Yates asked if the C.U.P. could be tied to a specific property
owner. Dana Carney responded that it could , if the Commission made such a
condition.
Chairman Rahman asked Mr. Flake how he would know if the conditions were
being adhered to. Mr. Flake responded that he would depend on the word of
enforcement officers and security officers. He stated he would manage the
lease. Mr. Flake stated the additional conditions came in response to concerns
that had been voiced by the neighbors.
March 17, 2005
ITEM NO.: D (Cont.) FILE NO.: Z-6274-A
9
Commissioner Meyer asked if the hours could be limited on Sunday nights,
rather than the proposed 2:00 a.m. (Monday morning). Jose Contreras agreed
to limit the hours on Sunday nights to 10:00 p.m.
There was then a brief discussion of the acoustic consultant’s report.
Commissioner Williams noted what other uses could go on this C-4 site. He
asked what other site would be more appropriate than this site.
John Honea again voiced concern about traffic going through the neighborhood
after leaving the site.
There was then a discussion of the differences between this site and the location
of an existing large night club on the south side of I-30. Staff noted that there
was no residential property in the vicinity of that night club; that it was in a
predominately industrial area.
A motion was made to approve the application, as amended to close at 10:00
p.m. on Sundays, including all conditions proposed by staff and the applicant.
The motion was approved by a vote of 7 ayes, 2 noes and 2 absent.
March 17, 2005
ITEM NO.: E 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.
March 17, 2005
ITEM NO.: E (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
March 17, 2005
ITEM NO.: E (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.
March 17, 2005
ITEM NO.: E (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.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Earthalene Adams was present, representing the application. There were two
(2) objectors and one (1) supporter present. Staff presented the item with a
recommendation of approval.
Troy Laha addressed the Commission in opposition. He noted that the day care
use was a business in residential and should not be allowed. He noted that the
day care use would increase the traffic in the residential area. He expressed
concerns with deterioration of neighborhoods.
Jane Harrison also addressed the Commission in opposition. She noted that
she lived in the neighborhood and there were numerous day care uses in
southwest Little Rock. She expressed concerns regarding increased traffic in
residential areas.
March 17, 2005
ITEM NO.: E (Cont.) FILE NO.: Z-7586-A
5
Ruth Bell addressed the Commission in support of the application. She noted
that the application met City and State requirements.
Earthalene Adams addressed the Commission in support. She explained that
she had operated a day care use in this immediate area since 1997.
Commissioner Adcock asked about past day care uses in the area. Staff
explained that Ms. Adams previously had day care family homes at 9001 and
9008 Woodford Drive. Commissioner Floyd asked if the State licenses at 9001
and 9008 Woodford Drive had been abandoned. Ms. Adams stated that they
had.
There was a motion to approve the application as recommended by staff. The
motion passed by a vote of 6 ayes, 3 nays and 2 absent. The application was
approved.
March 17, 2005
ITEM NO.: F 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.
March 17, 2005
ITEM NO.: F (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.
March 17, 2005
ITEM NO.: F (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.
March 17, 2005
ITEM NO.: F (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.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff informed the Commission that the application needed to be deferred to the
April 28, 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 April 28, 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.
March 17, 2005
ITEM NO.: G 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.
March 17, 2005
ITEM NO.: G (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.
March 17, 2005
ITEM NO.: G (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.
March 17, 2005
ITEM NO.: G (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.
PLANNING COMMISSION ACTION: (MARCH 17, 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.
March 17, 2005
ITEM NO.: H 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.
March 17, 2005
ITEM NO.: H (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.
March 17, 2005
ITEM NO.: H (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”.
March 17, 2005
ITEM NO.: H (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.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff informed the Commission that the applicant requested the application be
deferred to the April 28, 2005 Agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the April 28, 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.
March 17, 2005
ITEM NO.: I FILE NO.: S-1426-A
NAME: Glenn Ridge Subdivision Preliminary Plat
LOCATION: On the Southwest corner of Colonel Glenn Road at I-430
DEVELOPER:
Glenn Ridge Crossing, LLC
10600 Colonel Glenn Road
Little Rock, AR 72204
ENGINEER:
McGetrick and McGetrick Engineers
10 Otter Creek Court, Suite A
Little Rock, AR 72210
AREA: 30.568 acres NUMBER OF LOTS: 8 FT. NEW STREET: 750 LF
CURRENT ZONING: C-3, General Commercial District
PLANNING DISTRICT: 12 – 65th Street West
CENSUS TRACT: 24.05
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The Little Rock Planning Commission reviewed and approved a request to subdivide a
13.2-acre site into twelve non-residential lots at their May 18, 2004, Public Hearing. The
site was zoned C-3, General Commercial District with a 50-foot open space buffer along
the eastern, southern and western perimeters. The applicant indicated Lots 2 – 7 and
12 would be developed as lots without public street frontage. The applicant indicated a
sixty-foot access and utility easement to serve the development with a 36-foot roadway
where the easement would serve as primary access. The applicant also indicated
access easements between the proposed lots to serve as connectivity through the
development.
March 17, 2005
ITEM NO.: I (Cont.) FILE NO.: S-1426-A
2
The applicant indicated a minimal lot size of 45,000 square feet or 150-feet by 300-feet.
The development was proposed to be developed in three phases with Lots 1 – 6
developed in the first phase, Lots 10 – 12 in the second phase and Lots 7 – 9 in the
final phase.
A. PROPOSAL/REQUEST:
The developer is now proposing to expand the land area of the proposed
subdivision totaling 30.568 acres and reducing the number of lots to eight (8)
commercial lots. The site is currently zoned C-3, General Commercial District.
The applicant has indicated a minimum lot size of 150-feet by 300-feet or 1.22
acres. The proposed preliminary plat includes lots ranging in size from 1.22
acres to 12.94 acres. A 50-foot open space buffer has been included along the
southern and eastern perimeters of the proposed preliminary plat.
The developer has indicted 750 linear feet of new street will be added to the
City’s street system ending in a cul-de-sac. The developer has indicated the
cul-de-sac as a possible future extension to serve properties to the west.
B. EXISTING CONDITIONS:
The site is a vacant site with a scattering of trees. For the most part the trees
are located around the perimeter of the site in a 50-foot Open Space buffer. The
western portion of the site has had previous dirt work and a large ridge was
removed and used in the development of the lots to the north of the site.
Other uses in the area include a movie theater and automobile dealerships to the
north and JA Fair High School to the west. There are large areas of vacant
office and commercially zoned property located near the site. There is vacant
single-family zoned property located to the south.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received informational requests only from area
residents. All abutting property owners, the John Barrow Neighborhood
Association and the Stagecoach Dodd Neighborhood Association were notified
of the public hearing.
D. ENGINEERING COMMENTS:
1. Provide design of street conforming to the Master Street Plan. Construct
one-half street improvement to the street including 5-foot sidewalks with the
planned development.
March 17, 2005
ITEM NO.: I (Cont.) FILE NO.: S-1426-A
3
2. Plans of all work in right-of-way shall be submitted for approval prior to start
of work. Obtain barricade permit prior to doing any work in the right-of-way
from Traffic Engineering at (501) 379-1817 (Derrick Bergfield).
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. Show the proposed
location for multiple storm water detention facilities on the plan.
5. Obtain a NPDES storm water permit from the Arkansas Department of
Environmental Quality prior to the start of construction.
6. Prepare a letter of pending development addressing streetlights 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. Hauling of fill material on or off site over municipal streets and roads requires
approval prior to a grading permit being issued. Contact Public Works Traffic
Engineering at 621 S. Broadway, (501) 379-1817 (Derrick Bergfield) for more
information.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer main extension required, with easements, if service is required
for the project. Contact the Little Rock Wastewater Utility at 688-1414 for
additional information.
Entergy: Approved as submitted.
Center-Point Energy: Approved as submitted.
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. 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. Contact Central
Arkansas Water at 377-1225 for additional information.
Fire Department: Place fire hydrants per code. Contact the Little Rock Fire
Department at 918-3700 for additional information.
County Planning: No comment.
March 17, 2005
ITEM NO.: I (Cont.) FILE NO.: S-1426-A
4
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: No comment.
Landscape: No comment.
G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005)
Mr. Pat McGetrick of McGetrick Engineers was present representing the request.
Staff stated the proposal was a revision to a previously approved preliminary plat
for a tract currently zoned C-3, General Commercial District. Staff noted there
were additional items necessary to complete the review process. Staff
requested the applicant provide the proposed driveway locations, the names of
recorded subdivisions abutting the plat area and the source of title of the
landowner. Staff questioned if the proposed preliminary plat included the
existing contours. Mr. McGetrick stated the indicated contours were the existing
contours for the site. He stated previous grading had taken place along the
western perimeter and the plan included the previously graded contours.
Public Works comments were addressed. Staff stated the storm water detention
ordinance would apply to the proposed development. Staff stated hauling of fill
material on or off site over municipal streets would require prior approval and all
work in the right-of-way would require approval from the Arkansas State Highway
Department.
Staff noted comments from the various other reporting departments and
agencies indicating the applicant should contact them individually for further
clarification. 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 plan to staff addressing most of the issues
raised at the February 10, 2005, Subdivision Committee meeting. The applicant
has indicated the proposed driveway locations, the names of recorded
subdivisions abutting the plat area and the source of title of the landowner.
The applicant is proposing the subdivision of a 30.568 acre tract into eight lots
zoned C-3, General Commercial District. The ordinance requires C-3, General
Commercial District zoned lots to have a minimum lot width 100 feet and contain
a minimum of 14,000 square feet. The minimum lot size proposed is 150-feet by
300-feet or 1.22 acres; more than adequate to meet the minimum ordinance
requirement. The applicant has also indicated a front building line of 30-feet.
March 17, 2005
ITEM NO.: I (Cont.) FILE NO.: S-1426-A
5
The ordinance typically requires a front building line of 25-feet with a 15-foot side
yard and 25-foot rear yard setback. The applicant has indicated the side yard
and rear yard setbacks will conform to minimum ordinance requirements. All
indicated setbacks and building lines are adequate to meet minimum ordinance
requirements.
The proposed preliminary plat indicates the addition of 750 liner feet of new
street ending in a cul-de-sac. The site plan indicates the cul-de-sac could be
extended to serve properties to the west in the future. The new street is
indicated with a 60-foot right-of-way and 36-feet of pavement. The proposed
street construction is consistent with commercial street construction standard.
Staff is supportive of the preliminary plat as proposed. The proposed preliminary
plat includes lots ranging in size from 1.22 acres to 12.94 acres; all consistent
with minimum ordinance standard. A 50-foot open space buffer has been
included along the southern and eastern perimeters of the proposed preliminary
plat as was approved in the rezoning request. To staff’s knowledge there are no
outstanding issues associated with the proposed request. Staff feels the
development should have minimal impact on the adjoining properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
conditions outlined in paragraphs D, E and F of the above report.
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
Mr. Pat McGetrick of McGetrick Engineers was present representing the request.
There were no registered objectors present. Staff presented a recommendation of
deferral of the item to the March 17, 2005, Public Hearing. Staff stated there had been
an issue raised concerning the indicated street location and previously dedicated
right-of-way.
There was no further discussion of the item. The Chair entertained a motion to place
the item for inclusion on the Consent Agenda for Deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item with a recommendation of approval. Staff
stated the applicant and an adjoining property owner had reached an agreement
concerning access to a parcel located to the west of the proposed preliminary plat.
March 17, 2005
ITEM NO.: I (Cont.) FILE NO.: S-1426-A
6
Staff stated to their knowledge there were no other outstanding issues associated with
the proposed request.
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.
March 17, 2005
ITEM NO.: J FILE NO.: Z-7788
NAME: Best Park Commercial Surface Parking Lot –
Conditional Use Permit
LOCATION: SE corner 6th and Center Streets
OWNER/APPLICANT: Roman Catholic Diocese of Little Rock/Best Park, LLC
PROPOSAL: A conditional use permit is requested to allow for
development of a commercial surface parking lot on
this vacant, UU zoned property.
1. SITE LOCATION:
The property is located on the east side of Center Street, between 6th and
7th Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the densely developed urban core of the City.
Uses in the immediate vicinity include a variety of office, institutional and
commercial uses. Other surface parking lots are located in the general
area. The proposed parking lot is compatible with uses in the area.
All owners of property located within 200 feet of the site, all residents within
300 feet who could be identified and the Downtown and MacArthur Park
Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to develop the parking lot utilizing existing
driveways onto Center, 6th and 7th Streets. The 65± space parking lot will
be constructed with one-way drives and 60° angle stalls. The stall width
and depth and driveway width comply with ordinance standards for 60°
parking.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Because of the reductions allowed for commercial parking lots by the
Landscape Ordinance, the proposal submitted complies with ordinance
requirements.
March 17, 2005
ITEM NO.: J (Cont.) FILE NO.: Z-7788
2
5. PUBLIC WORKS COMMENTS:
1. Driveway on Center Street appears to create wrong-way circulation for
the proposed angle parking. Driveways on 6th and 7th Streets appear
to restrict maneuverability of vehicles entering the site, due to
proposed channelization. Consult Traffic Division at 379-1800 for
possible re-design.
2. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3. All driveways shall be concrete aprons and shall have proper radius
and grade dimensions per City Ordinance.
4. Improve corner curb radius to 25 feet radius with construction, or to
some other measurement, as determined by city inspector for truck
maneuverability.
5. Storm water detention will not apply to the proposed development.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: CenterPoint Energy has a 2-inch plastic gas main in
alley running from 7th Street. Coordinate construction with CenterPoint.
Southwestern Bell: No Comments received.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met. Contact Central Arkansas
Water regarding the requirements for reestablishment of water service
to this property.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 10, 2005)
The applicant was not present. Staff presented the item and noted the Public
Works, Landscape and Utility Comments. Staff stated they would work with the
applicant to address any outstanding issues.
March 17, 2005
ITEM NO.: J (Cont.) FILE NO.: Z-7788
3
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The Urban Use zoned property located at the SE corner of 6th and Center
Streets was formerly the site of the Downtowner Hotel. The hotel was closed as
a nuisance and the structure was subsequently razed. Best Park proposes to
redevelop the site as a commercial surface parking lot. The new parking lot will
be paved and landscaped to comply with all ordinance requirements. The
parking lot may be leased in its entirety to a single entity. Within the UU district,
commercial surface parking lots are allowed only as a conditional use.
Staff is supportive of the requested C.U.P. The proposed parking lot is
compatible with uses and zoning in the area. The site may have a better and
higher use in the future, but in its current condition it only serves to act as an
unsightly attractant for loitering and debris. Lighting will consist of perimeter
lighting, aimed downward and into the site. If the parking lot is used entirely by
one user, signage will consist of directional/informational signs at each driveway
entrance. If the parking lot is to be used by the public in general, a payment
box/sign will be installed. In either case, signage should be as minimal as
possible to accomplish the needed purpose.
Staff met with the applicant subsequent to the Subdivision Committee meeting.
It was determined that some slight modification of the plan is necessary to
address the circulation concerns raised by Public Works. The applicant has
agreed to make those changes. It was also determined that only the corner
radius at the corner of the 7th and Center Streets needed some modification.
The applicant again agreed to work with staff to address the issue.
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. Lighting is to be aimed downward and into the site.
3. Signage is to be limited to one directional/informational sign at each entrance
and, if necessary, one payment box-sign.
March 17, 2005
ITEM NO.: J (Cont.) FILE NO.: Z-7788
4
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send notices as required by the
bylaws. The item was placed on the Consent Agenda and approved for deferred
to the March 17, 2005 Commission hearing. The vote was 9 ayes, 0 noes and
2 absent.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the “Staff Recommendation” above. There was no further
discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff. The vote was 9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: K FILE NO.: LU05-04-01
Name: Land Use Plan Amendment - Heights Hillcrest Planning District
Location: 700 block of North University Avenue
Request: Office to Mixed Use
Source: Development and Construction Management, Inc.
PROPOSAL / REQUEST:
Land Use Plan amendment in the Heights Hillcrest Planning District from Office
to Mixed Use. The Mixed Use category provides for a mixture of residential,
office and commercial uses to occur. A Planned Zoning District is required if the
use is entirely office or commercial or if the use is a mixture of the three. The
applicant requests to construct 44 condominiums and an unspecified office use
within one section of one of the structures.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include the entire half block to make the area more logical.
EXISTING LAND USE AND ZONING:
The property is developed with a small single family home zoned R-5 (Urban
Residence District) and 1.74 acres ± in size. Just southwest of the property is
land zoned R-2 (Single Family District) with a CUP for a Catholic school.
Northeast of the site on H Street is additional R-2 land with a CUP for an
elementary school. Northwest of the site are two separate parcels of land
zoned R-5 (Urban Residence District) developed with single family homes,
apartments, and a parking lot. Immediately north of the site is land zoned O-3
(General Office District) and developed with several office buildings. Further
north is a PCD (Planned Commercial Development) for an office and land zoned
O-2 (Office an Institutional District) and O-3 developed with a school and offices,
respectively. Immediately west of the site is land zoned R-3 (Single Family
District) and developed with single family homes on a typical urban street grid.
Immediately south of the property is additional land zoned R-5 and O-3
developed with a single family home and an office.
March 17, 2005
ITEM NO.: K (Cont.) FILE NO.: LU05-04-01
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On May 18, 2003 a change was made from Multi Family and Office to
Community Shopping less than a half mile south of the site at the northeast
corner of West Markham Street and University Avenue.
On March 5, 2002 a change was made from Commercial and Office to Mixed
Use on the northwest corner of University Avenue and West Markham Street,
less than a half mile south of the site to allow flexibility of uses for future
development.
On June 20, 2000 a change was made from Single Family to Suburban Office
approximately one quarter of a mile southeast of the application at the 200 block
of N. McKinley Street to accommodate proposed development.
On March 16, 1999 multiple changes were made from Office and Multifamily to
Single Family, Multifamily, Mixed Use, and Office within a half-mile radius
southeast of the applicant’s property for future development and to recognize
existing conditions.
An area of Office parallels the east side of University Avenue from H Street to C
Street, which includes the applicant’s property. North of H Street is an area
shown as Public Institutional. At the northeast corner of Evergreen Street and
University are areas shown as Park / Open Space, Office, Low Density
Residential, Single Family, and Multifamily. The area immediately west of the
application is shown as Single Family. South of the site, between Lee Street and
West Markham Street, along University Avenue are higher intensity uses
including Mixed Use, Multi Family, and Community Shopping. At the southwest
corner of West Markham Street and University Avenue is an area shown as
Commercial, the southeast corner of West Markham Street and University
Avenue is shown as Public Institutional. Southwest of the site, and fronting
University Avenue, is additional area shown as Public Institutional. West of the
applicant’s property are areas shown as Office, Multifamily, and Single Family
fronting both H Street and University Avenue. Northwest of the site is an area of
Office fronting University with an area of Park / Open Space and Multifamily
behind.
MASTER STREET PLAN:
University Avenue is shown as a Principal Arterial on the Master Street Plan with
special design standards south of the site between Lee and Markham Streets,
which indicate a 100-foot right of way. Adjacent to the site University Avenue
has a median separating northbound and southbound traffic. Southbound
March 17, 2005
ITEM NO.: K (Cont.) FILE NO.: LU05-04-01
3
University Avenue traffic will not access this site directly, nor will traffic be able to
leave this site in the southbound University Avenue direction unless a median cut
is approved. The primary function of a Principal Arterial is to serve through traffic
and to connect major traffic generators or activity centers within urbanized areas.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on University Avenue since it is a Principal Arterial. Additional
improvements and right of way may be required for acceleration and
deceleration lanes since this section of University Avenue has a significant hill.
BICYCLE PLAN:
A Class III bikeway is shown on H Street north of the site. A Class III Bikeway is
a signed route on a street shared with traffic. No additional paving or right-of-
way is required. Class III bicycle route signage may be required. This bikeway
will not be affected by this project.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows the War
Memorial Park located two blocks east of the application area on the south side
of W. Markham Street. The plan describes War Memorial Park as providing
special facilities such as the zoo, fitness center, and a golf course designed to
serve the entire city. This amendment is not likely to affect the large facilities at
War Memorial Park.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant’s property lies in the area covered by the Hillcrest Neighborhood
Action Plan. The Zoning and Land Use goal lists one objective related to this
application. The objective is to recreate a neighborhood that is a pleasant place
to work and live, and to preserve the net number of residential units by not
demolishing them or converting them to other uses.
ANALYSIS:
The applicant has applied for a change to Mixed Use for a mixed office and
residential development. Since the area is already shown as Office, the office
component of the development is consistent with the current plan and Staff has
no problem with the office component of this development. In addition to the
office component that exists under the current land use category, the Mixed Use
category allows both residential and commercial development. The Mixed Use
March 17, 2005
ITEM NO.: K (Cont.) FILE NO.: LU05-04-01
4
category can lead to sound development that can commingle the different uses
into an area.
The category allows for residential development similar to that of the Multifamily
land use category. Near this site are several areas of higher density housing
that are shown as either Multifamily or Low Density Residential which are
developed with a mixture of duplexes, apartment buildings, and a few single
family homes. Since areas intended for higher density development have
developed, a need for additional higher density residential may be needed in the
area. Since the Mixed Use category provides for higher density residential
development, it could facilitate future demand, and relieve possible pressure to
intensify nearby neighborhoods. Introduction of possible higher density
residential at this location could provide a buffer between single family homes on
Buchanan and G Streets and offices and traffic on University Avenue. Also the
residential aspect would allow for densification along University Avenue. Central
Arkansas Transit Authority operates Route 21 adjacent to this site and can
provide access to downtown, University Mall, and the University of Arkansas
campus for area residents.
Even though the current application does not involve any commercial activity, the
Mixed Use category does allow it. Currently, commercial activities in the area
are located in areas shown as Mixed Use about a quarter mile south of the site in
the vicinity of “B” and “C” Streets, the Park Plaza Shopping Center at the
northwest corner of West Markham Street and University Avenue, a Community
Shopping area shown at the northeast corner of West Markham Street and
University Avenue, and a large Commercial area at the southeast corner of West
Markham Street and University Avenue. Additional Commercial is shown in the
Heights Shopping District approximately three quarter miles north of the site near
University Avenue and R Street. The nearby area around this site consists of
mostly institutional, office, and residential uses, and addition of commercial
development could create pressure to convert additional area properties to
commercial which could harm the quality of life of nearby residential areas. Staff
doesn’t feel that the addition of commercial that the Mixed Use category allows
would be appropriate at this location, because of the established neighborhood,
the institutional and office uses nearby, and that space for commercial
development is available nearby.
Since University Avenue is a Principal Arterial, and is constructed with a median
separating northbound and southbound traffic, Staff recommends that any
development on this site does not impede traffic flow. Access to this
development should only be right turn in, right turn out to maintain the existing
median and prevent conflicts caused by traffic crossing a Principal Arterial.
Since the Mixed Use category allows commercial activity, traffic entering and
leaving the site could be greater than the levels anticipated for the office and
residential components available in the category. Current traffic flows on
March 17, 2005
ITEM NO.: K (Cont.) FILE NO.: LU05-04-01
5
University Avenue could be hindered if any commercial aspect develops on the
site in the future.
In 2001 the Urban Land Institute (ULI) did a study of the West Markham Street -
University Avenue area which included this site. The study made
recommendations regarding new development: should preserve the integrity
nearby residential areas, provide a visible identity, and improve pedestrian
safety. The recommendations of the ULI study are similar to the wishes of the
neighborhood action plan to preserve the quality of life in the neighborhood.
Furthermore, the ULI study identified a town center concept at the West
Markham Street - University Avenue intersection.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Forest Park
Neighborhood Association, Heights Neighborhood Association, Prospect Terrace
Neighborhood Association, Sherrill Heights Garden Club, Briarwood
Neighborhood Association, Evergreen Neighborhood Association, Meriwether
Neighborhood Association, Normandy-Shannon Property Owners Association,
South Normandy Property Owners Association, and the University Park
Neighborhood Association.
Staff has not received any comments from area residents or neighborhood
associations.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. Staff feels that the office and
residential components of the proposed development are consistent with the ULI
Study statement, but does not support the commercial aspect the Mixed Use
category makes available. Staff believes that commercial activities are more
appropriate at the University Avenue and West Markham Street intersection or
the Heights Shopping District.
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
The applicant requested the application be deferred to the March 17, 2005
Agenda. The item was placed on the consent agenda for deferral. A motion
was made to approve the consent agenda and was approved with a vote of
9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: K (Cont.) FILE NO.: LU05-04-01
6
STAFF UPDATE:
Staff has reviewed the application and noted that the office component of the
development will be located in an area shown as Office on the Land Use Plan.
In the general area numerous properties are developed with offices and
apartments. Adding multifamily units to the applicant’s property would not be
inconsistent with surrounding land uses. Within the last year this property’s
zoning was changed from R-5 (Urban Residence District) to POD (Planned
Office Development), which would have allowed Multifamily development by
right. Staff feels that a Land Use Plan Amendment for the applicant’s property is
not necessary because the office component of the development is consistent
with the plan, and the multifamily component is consistent with the overall
neighborhood character. Staff recommends withdrawal of the application.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The item was placed on the consent agenda for deferral to the April 14, 2005
Planning Commission meeting. A motion was made to approve the consent
agenda and was approved with a vote of 9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: K.1 FILE NO.: Z-7563-A
NAME: University Park Short-form PD-R
LOCATION: 715 North University Avenue
DEVELOPER:
University Park LLC
20 Hunters Green Circle
Little Rock, AR 72211
ENGINEER:
ETC Engineers
1510 South Broadway
Little Rock, AR 72202
AREA: 1.74 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0
CURRENT ZONING: R-5, Urban Residential District
ALLOWED USES: High Density Residential Units of not more than
36-units per acre
PROPOSED ZONING: PD-R
PROPOSED USE: Multi-family Condominium Development with a portion of the
development being held for office development
VARIANCES/WAIVERS REQUESTED: None requested.
BACKGROUND:
The Little Rock Planning Commission reviewed a request to rezone the site from R-5,
Urban Residential District to POD at their April 8, 2004, Public Hearing. The applicant
proposed the placement of a two-story office building consisting of 18,000 square feet
of general and professional office uses with provisions for some light commercial uses
should they fit with office occupancy. The proposed site plan included fifty-nine on-site
parking spaces.
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
2
The applicant requested allowance of 25 percent of the gross floor area (4,500 square
feet) to be utilized by the following listed uses: Barber/Beauty Shop, Book and
Stationary Store, Drugstore, Florist, Optic Shop, Clothing, Hobby Shop, Jewelry, or
Tailor Shop.
Included in the filing was a petition for abandonment of Grant Street and “G” Street.
Grant Street was not previously constructed and ends at the intersection of “F” Street.
The applicant proposed an extension of Grant Street approximately 120 feet from “F”
Street to the property line creating adequate turn around in the parking lot for
emergency vehicles.
The applicant amended his request at the April 8, 2004, Public Hearing to remove the
connection of Grant Street from “F” Street into the development. Access to the
development was to only be provided from University Avenue.
The applicant withdrew his request for rezoning prior to Board of Directors action at
their July 22, 2004, Public Hearing.
A. PROPOSAL/REQUEST:
This applicant now proposes to develop this site as a condominium complex.
The project consists of 1.74 acres of land on the East side of University Avenue.
The project has forty-four condominium homes along with a clubhouse/workout
area. The property has 20 -1 bedroom units in three different floor plans and 18
-2 bedroom units with three floor plans and 6 - 3 bedroom units. The applicant
has indicated there is room for a few garages, along with covered parking and
storage areas for all the residents under the proposed parking deck. The
applicant has also indicated a portion of the site will be utilized as office space
for general and professional office uses.
The applicant is requesting to abandon Grant Street inside the property
boundary and G Street where it abuts the property.
The applicant has indicated the exterior of the homes will be constructed with
100 percent brick and with long lasting vinyl trim. Windows and patio doors are
vinyl with insulated glass. A full insulation package will include R-30 in ceilings,
R-13 in exterior walls and R-11 between the units. The roof is proposed as
shingles with a twenty-year guarantee.
The proposal also includes interior amenities to include nine-foot ceilings, crown
mold, marble vanities, spa tubs, tile entrances and elevators along with many
other quality interior and outdoor amenities.
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
3
The applicant has indicated the clubhouse will be constructed in a later phase.
Amenities within the clubhouse pool facility include a business center in addition
to fitness equipment. A color copier and a fax machine will be included within
the business center along with a meeting room.
B. EXISTING CONDITIONS:
The property now consists of twelve residentially zoned lots in Blocks 9 and 10 of
the Lincoln Park Subdivision and a portion of Grant Street, which has never been
constructed. The property is bounded by University Avenue to the west, “G”
Street (not constructed) to the north, a closed alley to the east, and a dwelling
and small office building to the south. Steep grades to the east and north lead
down to a drainage canal. University Avenue is constructed with a median
without a break at this location. An abandoned house with a stone exterior
currently sits on the site. There is not an existing driveway location on University
Avenue accessing the site.
Frontage along University Avenue is predominantly occupied by office and
commercial uses, with a few remaining single-family dwellings. To the east of
the site are residential uses adjacent to the drainage canal. Other uses in the
area include the Catholic Boys School a strip retail center and a public library.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has not received any comment from area residents. The
Hillcrest Residents Neighborhood Association, Evergreen Neighborhood
Association, all owners of property located within 200-feet of the site and all
residents who could be identified located within 300-feet of the site were notified
of the public hearing.
D. ENGINEERING COMMENTS:
1. A special Grading Permit for Flood Hazard Areas will be required per Section
8-283 prior to construction.
2. University Avenue is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be required.
3. The previous land owner placed and un-authorized fill in the regulated
floodway of Coleman Creek. A large portion of the site is within the mapped
floodway and floodplain. Show the regulated floodway on the site plan. Fill
must be removed from the floodway, or a letter of map revision obtained from
FEMA.
4. All fill slopes must conform to the land alteration ordinance. Slopes must be
at 3:1 or terraced with erosion protection. For architectural stone facing, wall
up to 15' high with 10' bench is acceptable. Provide a grading and drainage
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
4
plan showing improvements.
5. A special Grading Permit for Flood Hazard Areas will be required per Section
8-283 prior to any construction. Approval from the Little Rock District of the
Corps of Engineers may also be required.
6. Sidewalks with appropriate handicap ramps are required on University in
accordance with Section 31-175 of the Little Rock Code and the Master
Street Plan. Contact Traffic Engineering 379-1800 for requirements on
driveway construction and any frontage improvements.
7. All driveways shall be concrete aprons per City Ordinance. Repair or replace
any curb and gutter or sidewalk that is damaged in the public right-of-way
prior to occupancy.
8. Storm water detention ordinance applies to this property. Show the proposed
location for storm water detention facilities on the plan.
9. The minimum Finish Floor elevation based on FEMA flood study is required
to be shown on plat and grading plans.
10. In accordance with Section 31-176, floodway areas must be shown as
floodway easements or be dedicated to the public. In addition, a 25-foot wide
access easement is required adjacent to the floodway boundary.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Existing sewer mains on the site. Revise plans to show sewer
mains and existing easements. No construction will be allowed within the
sewer easements unless sewer main is relocated at the Developer’s
expense. Contact Little Rock Wastewater Utility at 688-1414 for additional
information.
Entergy: Approved as submitted.
Center-Point Energy: Approved as submitted.
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 before service is resumed.
The Little Rock Fire Department needs to evaluate this site to determine the
location of public and/or private fire hydrant(s) that will be required. A water
main extension and additional fire hydrant(s) will be installed at the
Developer's expense. 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. 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.
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
5
Contact Central Arkansas Water at 377-1225 for additional information.
Fire Department: Maintain a 20-foot access and a 20-foot wide gate opening on
the south and west sides of the development. Place fire hydrants per code.
Contact the Little Rock Fire Department at 918-3700 for additional
information.
County Planning: No comment.
CATA: The site is located near the University Avenue Bus Route (#21) and the
Rodney Parham Bus Route (#8).
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Heights Hillcrest Planning
District. The Land Use Plan shows Office for this property. The applicant has
applied for a PRD (Planned Residential Development) for 44 condominiums and
an unspecified office use on 1.74 acres of land.
A land use plan amendment for a change to Mixed Use is a separate item on this
agenda (File No. LU05-04-01).
Master Street Plan: University Avenue is shown as a Principal Arterial on the
Master Street Plan with special design standards south of the site between Lee
and Markham Streets, which indicate a 100-foot right of way. Adjacent to the
site University Avenue has a median separating northbound and southbound
traffic. Southbound University Avenue traffic will not access this site directly, nor
will traffic be able to leave this site in the southbound University Avenue
direction. The primary function of a Principal Arterial is to serve through traffic
and to connect major traffic generators or activity centers within urbanized areas.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on University Avenue since it is a Principal Arterial. Additional
improvements and right of way may be required for acceleration and
deceleration lanes since this section of University Avenue has a significant hill.
Bicycle Plan: A Class III Bikeway is shown on H Street north of the site. A Class
III Bikeway is a signed route on a street shared with traffic. No additional paving
or right-of-way is required. Class III bicycle route signage may be required. This
Bikeway will not be affected by this project.
City Recognized Neighborhood Action Plan: The applicant’s property lies in the
area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land
Use goal lists one objective related to this application. The objective is to
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
6
recreate a neighborhood that is a pleasant place to work and live, and to
preserve the net number of residential units by not demolishing them or
converting them to other uses.
Landscape: The on-site street buffer along North University Avenue should have
an average width of 15 feet. At no point should this width be less than 7 ½ feet.
The width of the land use buffer along the southern perimeter where adjacent to
residential property should average at least 9 ½ feet.
The eastern land use buffer width should average 15-feet in width.
The plan submitted is not always clear concerning landscape and buffer widths.
A total of six percent of the interior of the vehicular use areas must be
landscaped with interior islands of at least 112 square feet in area and 5.6 feet in
width.
A small amount of building landscaping between public parking areas and the
building is required. There is considerable flexibility with this requirement.
All of these requirements take into account the reductions allowed within the
designated mature area of the city.
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 eastern and
southern perimeters where adjacent to residential properties.
An irrigation system to water landscaped areas will be required.
G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005)
The applicant was present representing the request. Staff stated the proposed
development included construction of a condominium development with a portion
of the site utilized as office space. Staff requested the applicant provide
additional information concerning the location of the non-residential and the total
square footage designated as non-residential.
Public Works comments were addressed. Staff stated a portion of the site was
located in the floodway. Staff stated a previous owner had filled illegally in the
floodway and prior to approval the fill from this area should be removed. Staff
also stated details of the proposed terracing along the eastern property line
would be required. Staff noted with a previous application the property owner to
the east had requested plantings on the benches to break the massing of the
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
7
wall. Staff requested a grading plan and cross section to ensure compliance with
existing ordinances.
Landscaping comments were addressed. Staff stated screening would be
required adjacent to single-family zoned or used property. Staff stated the
southern buffer should average 9 ½ feet and the eastern buffer should average
15-feet. Staff noted interior vehicular use areas should be landscaped with
interior islands of at least 112 square feet in area.
There was a general discussion concerning access to the site. The applicant
indicated access to the site would be from University Avenue with an emergency
access provided from Grant Street to the south. Staff questioned if the applicant
had contacted the property owner to the south of the proposed development.
The applicant stated he had not contacted the property owner to the south of the
site to apprise him of the proposed development plans. Staff encouraged the
applicant to contact the property owner in the near future to discuss with him the
proposed development and access to the site.
Staff noted comments from the various other reporting departments and
agencies indicating the applicant should contact them individually for further
clarification. 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 site plan to staff addressing most of the issues
raised at the February 10, 2005, Subdivision Committee meeting. The applicant
has indicated no more than 10,000 square feet would be utilized as general and
professional office space. This would leave approximately 30,000 square feet
for residential units. The applicant has indicated the site will contain a total of 44
units. The site plan indicates 20- 1 bedroom 1 bath, 16- 2 bedroom 2 bath and
8- 3 bedroom 2 ½ baths. The office uses will be contained within the same
footprint as the residential units. The applicant has indicated the offices uses will
be limited to Buildings 1 and 2.
Buildings three and four are two and three story buildings with parking on the
bottom floor and residential on the remaining floors. Buildings one and two are
two story buildings with residential and office. The applicant has indicated 78
parking spaces. The site plan includes 21 open air spaces, six handicapped
spaces and 51 under deck spaces. The office portion of the proposed
development would typically require 25 parking spaces and the residential
portion would 49 parking spaces or a total of 74 parking spaces. The indicated
parking is adequate to meet the typical minimum parking requirement for the
indicated uses.
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
8
The applicant has indicated a single-ground mounted sign will be installed along
University Avenue. The applicant has indicated the sign will be consistent with
signage allowed in office zones or a maximum of six feet in height and sixty-four
square feet in area. The applicant has indicated potential office users and the
residential development will share the proposed sign. The applicant has also
indicated a small plaque will be added to the units housing the potential office
users. The applicant has indicated the signage will be no more than ten percent
of the unit’s façade area. Staff is supportive of the applicant’s indicated signage
plan.
The applicant has indicated screening will be installed adjacent to properties
zoned or used as residential. The applicant has also indicated landscaping will
be added to the interior of the site consistent with ordinance requirements.
The applicant has indicated the fill located within the floodway will be removed
prior to development. The applicant has also indicated retaining walls,
consistent with ordinance requirement with regard to height and landscaping, will
be added to stabilize the site. The applicant has indicated a detailed grading
plan will be provided to staff prior to development.
The applicant is requesting the closure of Grant Street and G Street within the
proposed development. Both streets were indicated as right-of-way when the
area was final platted but were never constructed. The applicant has indicated
an emergency access gate entering the site from Grant Street to the south but is
not proposing to access the site from the south. The applicant has indicated the
development will not be a gated development and is proposing only one
entrance, from University Avenue.
Staff is supportive of the proposed development. The applicant has indicated
the development of the site as a condominium complex with limited office uses.
The applicant has indicated parking sufficient to meet the minimum parking
required for the indicated uses. To staff’s knowledge, there are no outstanding
issues associated with the proposed request. Staff feels if the development is
constructed as proposed there should be minimal impact on adjoining properties.
I. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the
conditions:
1. Compliance with the conditions outlined in paragraphs D, E and F of the
above report.
2. The 10,000 square feet of general and professional office uses are to be
located in Buildings I and II.
March 17, 2005
ITEM NO.: K.1 (Cont.) FILE NO.: Z-7563-A
9
Staff recommends approval of the requested abandonment of “G” Street where
abutting the site and Grant Street within the site.
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
The applicant was present representing the request. There were no registered
objectors present. Staff stated the applicant had filed to notify property owners as
required by the Planning Commission By-laws. Staff presented a recommendation the
item be deferred to the March 17, 2005, Public Hearing.
There was no further discussion of the item. The Chair entertained a motion to place
the item for inclusion on the Consent Agenda for Deferral. The motion carried by a vote
of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present representing the request. There were no registered
objectors present. Staff presented the item requesting a deferral of the item to the
April 14, 2005, Public Hearing. Staff stated there were unresolved issues related to the
request and requested additional time to resolve the issues.
There was no further discussion of the item. The Chair entertained a motion to place
the item for inclusion on the Consent Agenda for Deferral. The motion carried by a vote
of 9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: L FILE NO.: Z-7785
NAME: MDS of Tennessee Medical Waste Disposal Facility –
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.
1. SITE LOCATION:
The property is located on the west side of Scott Hamilton; just south of its
northern terminus, north of 65th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the 65th Street Industrial District. Uses in
the area are industrial in nature; including warehousing and
manufacturing. Areas of undeveloped I-2 and R-2 zoned properties are
located to the west and north. Section 36-575 of the code states “medical
waste disposal facilities shall not be permitted to operate within 1,000 feet
of an occupied structure or district zoned for residential uses.” There are
11 occupied structures and the aforementioned R-2 zoned property within
1,000 feet of the proposed facility. In light of this, staff does not believe
the proposed use is compatible with the neighborhood.
All owners of property located within 1,000 feet of the site, all residents
within 300 feet who could be identified and the Upper Baseline, Wakefield,
Geyer Springs and SWLR United for Progress Neighborhood Associations
were notified of this request.
3. ON SITE DRIVES AND PARKING:
A single driveway is proposed onto Scott Hamilton Drive. A 24-space
parking lot is proposed in front of the building and a truck
parking/maneuvering lot is shown behind the building. The business will
employ 12-20 persons. It appears there is sufficient parking on the site to
accommodate the use. A couple of spaces in the front lot will likely be lost
to interior landscape requirements.
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
The plan submitted does not allow for the 39-foot wide on-site street
buffer required by the Zoning Ordinance nor the 9-foot wide on-site
landscape strip required by the Landscape Ordinance along the site’s
eastern perimeter.
An irrigation system to water landscaped areas will be required.
5. PUBLIC WORKS COMMENTS:
1. Repair or replace any curb and gutter that is damaged in the public
right-of-way prior to occupancy. This site is in a sidewalk exclusion
zone.
2. All driveways shall be concrete aprons per City Ordinance.
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. A special Grading Permit for Flood Hazard areas will be required per
Section 8-283 prior to construction.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: Four (4) inch steel gas main located on Scott
Hamilton. This line has sufficient capacity to serve this location.
Southwestern Bell: Approved as submitted.
Water: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
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). Due to the nature of this
facility, installation of an approved reduced pressure zone backflow
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
3
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 on a CATA bus route. The nearest route is at Scott
Hamilton and Hoerner, one block to the south.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 6, 2005)
Charles Best and Bob Slaughter were present representing the application. Staff
presented the item and noted additional information was needed regarding
signage, days and hours of operation, number of employees, site lighting,
dumpster location and fencing. Staff asked for additional information on the
proposed operation; including how many trucks would come to the site daily, how
long the medical waste would be kept on the site and where the medical waste
would be coming from. The applicant was directed to provide a copy of the
application or draft application for permit to Arkansas Department of
Environmental Quality, a copy of the facility’s emergency preparedness plan and
a copy of the facility’s maintenance schedule. Staff also noted that the applicant
must provide the name of contractors retained to build the facility and proof of
license required by Arkansas Code. Staff asked the applicant to redesign the
handicap parking spaces on the site plan to comply with ADA standards. Staff
informed the Committee of the variance from the required 1,000 foot setback
from any occupied structure.
Public Works and Landscape Comments were noted. Mike Hood of Public
Works noted that the site had been in violation of the City’s Land Alteration
ordinance due to premature grading and tree removal. He stated the applicant
had responded and staff had set aside remaining restoration requirements
pending outcome of the C.U.P. process.
The applicant was directed to respond to staff issues by January 12, 2005. The
Committee forwarded the item to the full Commission.
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
4
STAFF ANALYSIS:
MDS of Tennessee is requesting approval of a conditional use permit to allow for
development of a medical waste disposal facility on the I-2 zoned property
located at 5400 Scott Hamilton Drive.
The Code defines medical waste as:
Medical waste is solid, semisolid or liquid waste and includes
isolation waste, infectious agents, pathological waste, human or
animal blood and blood products, sharps and nonsharps, human or
animal body parts, contaminated bedding, surgical wastes and
other contaminated disposal medical equipment and material that
may pose a risk to the public health or welfare.
A disposal facility is defined as:
Disposal facility means any land and appurtenances thereon
and thereto, used for the treatment, storage, or disposal by any
means of hazardous or medical waste, excluding a crematorium.
The applicants propose to construct a 10,600 square foot (106’ X 100’), one-
story, prefab metal building on the site. A series of garage door openings will
provide truck access into the building. A single driveway will provide access to
the site from Scott Hamilton Drive. A 24-space parking lot will be located in front
of the building and a truck parking and maneuvering area will be located behind
the building. The building will contain offices and the medical waste disposal
equipment. Medical waste will be delivered to the site and off-loaded in the
building for treatment. The facility uses autoclave (steam) treatment to
decontaminate the medical waste. The treated waste is then compacted and
delivered to a landfill site for disposal.
The applicant has responded to most of the questions raised at Subdivision
Committee. Copies of permit applications to Arkansas Department of
Environmental Quality (ADEQ) and the Arkansas Department of Health have
been submitted. The facility is proposed to operate 24 hours a day, 7 days a
week. Copies of the facility’s emergency procedures and standard operating
procedures have been submitted and are attached. The maintenance schedule
is as follows:
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
5
Maintenance schedule – Boiler
1. Honeywell controller will be checked daily.
2. Blow down processed daily to eliminate build up and scale.
3. Gas safety shut off will be checked twice a week.
4. Water safety shut off will be checked twice a week.
5. Steam relief valve will be checked daily.
6. Boiler will have a yearly inspection performed by an outside company
and the company, which insures the boiler.
7. Steam lines will be checked daily.
Maintenance schedule – Autoclave
1. Steam lines checked daily.
2. Steam relief valve checked daily
3. Honeywell chart checked daily.
4. Honeywell chart and controls are required to be checked and
calibrated quarterly by a Honeywell representative.
Air compressor checked daily.
The facility will have 12 to 20 employees. Ten to fifteen truck deliveries will be
made daily to the facility. Medical waste will not be stored on the property for
longer than 10 days and any waste held for more than 72 hours will be stored at
a temperature of 45 degrees or less. All trucks with medical waste on board will
be locked at all times until they are unloaded. After being treated, the medical
waste will go into a compactor and then a packer box, which will be taken to a
landfill. The applicant will try to take packed boxes to the landfill within 8 hours,
but it could be 2 to 3 days because of truck problems, weather or the landfill
being closed. Medical waste will come to this facility from Arkansas and from out
of state. The parent company of MDS, Commodore, has a medical waste
disposal facility in Nashville, Tennessee which will serve as the backup facility for
this site. This facility will serve as the backup facility for the Nashville plant.
Staff is not supportive of the proposed conditional use. Section 36-575 of the
Code states “medical waste disposal facilities shall not be permitted to operate
within 1,000 feet of an occupied structure or district zoned for residential uses.”
A large area of R-2 zoned property is located approximately 200 feet north of this
site. Within a 1,000-foot radius around the site are 11 occupied structures
including the following: Laidlaw Bus Terminal; Communication Supply Service
Association; Windsor Door; East Harding Contractors; SAIA Motor Freight; CD &
L; River City Cold Storage; Klean, Inc.; Earle M. Jorgensen Company; RIC, Inc.;
and Essick Air Products. The applicant is requesting a variance of this spacing
requirement. Staff believes it is more appropriate for the applicant to locate a
site which would comply with the spacing requirement so as to lessen the
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
6
potential negative impact on area businesses and properties. An occupied
structure is defined as:
Occupied structure means a building or other structure:
(1) Where any person lives or carries on a business or
other calling; or
(2) Where people assemble for purposes of business,
government, education, religion, entertainment or public
transportation; or
(3) Which is customarily used for overnight accommodation
of persons whether or not a person is actually present.
Each unit of a structure divided into separate units
designed for occupancy is itself an occupied structure;
or
(4) Which has not yet been constructed or completed but
for which a building permit where applicable has been
issued by the city and is valid on the date the
application for the conditional use permit is filed.
Additionally, the site plan does not provide for the required 39 feet street buffer.
The plan proposes instead a 10-foot landscape strip. The applicant has also not
provided the identity of contractors retained to build the facility and proof of any
license required as stipulated by Section 36-579(10) of the Code. Signage and
lighting plans have not been submitted.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
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.
March 17, 2005
ITEM NO.: L (Cont.) FILE NO.: Z-7785
7
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had failed to send notices as required by the
Commission bylaws. There was no further discussion. The item was placed on
the Consent Agenda and approved for deferral to the March 17, 2005
Commission hearing. The vote was 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present. There were several objectors present. Staff
informed the Commission that the applicant was requesting deferral of the item
due to changes in personnel at the company’s corporate office. Staff explained
that the local representative had only been made aware of the change in the
afternoon of March 16, 2005 and was not prepared to go to a hearing at this
time.
A motion was made to waive the Commission’s bylaws and to accept the late
request for deferral. The motion was approved by a vote of 8 ayes, 1 noe and
2 absent. The item was then placed on the Consent Agenda and approved for
deferral to the April 28, 2005 meeting by a vote of 9 ayes, 0 noes and 2 absent.
March 17, 2005
ITEM NO.: 1 FILE NO.: Z-7800
Name: Badgett Day Care Family Home –
Special Use Permit
Location: 4120 West Drive
Owner: Rotekia Badgett
Applicant: Rotekia Badgett
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 4120 West 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 Upper Baseline and
SWLR United for Progress Neighborhood Associations were notified of
the public hearing.
B. Staff Analysis:
4120 West Drive is located on the north side of West Drive, east of Reck
Road. All surrounding properties are zoned R-2 and contain single family
residences. The large single family lot contains approximately 1.5 acres.
The applicant’s home is a one-story frame structure, and is typical of
those in the general area. The entire yard is fenced and should provide a
safe play area. The applicant has noted that she will separately fence a
smaller play area, within the fenced yard. 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 no employees initially. Her
mother, who also lives at 4120 West Drive, will help care for the children
in the future.
There is a two-car wide driveway from West Drive, with parking for five (5)
vehicles (including the carport). 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. The applicant is not
currently operating a day care use at this location, as she is in the process
of becoming licensed by the State Department of Human Services.
March 17, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7800
2
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 1950 and addresses no use issues.
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.
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.
March 17, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7800
3
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: (FEBRUARY 24, 2005)
Rotekia Badgett 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 noted that the proposed
day care family home was not located within 300 feet of another day care
family home or day care center.
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 4120 West 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.
March 17, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7800
4
3. Outdoor activities, including playground use, are to be limited to day-
light hours.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Rotekia Badgett was present, representing the application. There were five (5)
objectors present and one (1) person in support. Staff presented the item with a
recommendation of approval.
Ruth Bell addressed the Commission in support of the application. She noted
that the application met City and State requirements.
Janet Berry addressed the Commission in opposition. She noted that she
supported Upper Baseline Neighborhood Association’s opposition to the day
care use.
Pat Gee addressed the Commission in opposition. She described the
neighborhood and how it had been cleaned up over the years. She stated that
she would like to keep West Drive a residential area.
Sally Majors also spoke in opposition. She stated that business uses should not
be allowed in residential areas. She expressed concern that the house was not
large enough for the day care use.
R.M. Foster also spoke in opposition. He described the neighborhood, noting
that West Drive was a narrow street. He noted that West Drive was not a
suitable location for a day care use.
Troy Laha also addressed the Commission in opposition. He explained that
business uses should not be allowed in residential areas.
Rotekia Badgett addressed the Commission in support of the application. She
noted that the State Department of Human Services had approved her for a day
care family home. She explained that her mother would help care for the
children. She also explained that the large yard area would provide a good play
area which should create little noise.
Commissioner Adcock asked Ms. Badgett if she wanted to own her own
business. Ms. Badgett stated that she did. Commissioner Adcock asked
Ms. Badgett if she considered the day care use a business. Ms. Badgett stated
March 17, 2005
ITEM NO.: 1 (Cont.) FILE NO.: Z-7800
5
that it was employment for herself and family. Commissioner Floyd asked if
Ms. Badgett was in the process of buying the home. Ms. Badgett stated that
she was.
There was a brief discussion of the parking required for a day care family home.
There was additional discussion of the State’s license requirements for day care
family homes.
There was a motion to approve the application as recommended by staff. The
motion failed by a vote of 3 ayes, 6 nays and 2 absent. The application was
denied.
March 17, 2005
ITEM NO.: 2 FILE NO.: Z-7801
Name: Hunter Day Care Family Home –
Special Use Permit
Location: 5 Apple Cove
Owner: Demetrius Clark and Annette Hunter
Applicant: Annette Hunter
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-3
zoned property at 5 Apple Cove.
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 Geyer Springs, Wakefield
and SWLR United for Progress Neighborhood Associations were notified
of the public hearing.
B. Staff Analysis:
5 Apple Cove is located on the east side of Apple Cove, south of Ballinger
Road. The properties to the north, south and west are also zoned R-3
and contain single family residences. Properties to the east are zoned
R-2 and R-5, and contain single family and multifamily residences.
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 partially fenced. The
applicant has noted that the remainder of the rear yard will be fenced for a
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 no employees, unless specifically required by the State
Department of Human Services.
There is a one-car wide driveway from Apple Cove, with parking for two
(2) vehicles. The applicant is proposing to widen the drive to a two-car
width, with parking for four (4) vehicles 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. The
applicant is not currently operating a day care use at this location, as she
is in the process of becoming licensed by the State DHS.
March 17, 2005
ITEM NO.: 2 (Cont.) FILE NO.: Z-7801
2
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 1977 and appears to still be in effect. The Bill of
Assurance contains the following language:
“(6) Land Use and Building Type. Restricted to
single family residential usage only, and no building shall
be erected, altered, placed or permitted to remain on any
lot other than one single family dwelling not to exceed
one and one-half stories in height, and a private garage
or carport 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:
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.
March 17, 2005
ITEM NO.: 2 (Cont.) FILE NO.: Z-7801
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: (FEBRUARY 24, 2005)
Annette Hunter 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 noted that the proposed
day care family home was not located within 300 feet of another day care
family home or day care center.
March 17, 2005
ITEM NO.: 2 (Cont.) FILE NO.: Z-7801
4
Staff explained that the applicant was proposing to widen the driveway to
a two-car width. Ms. Hunter asked if brick pavers could be used for the
widening. The Committee indicated support for this proposal.
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 5 Apple Cove, 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.
5. The remainder of the rear yard must be fenced within 30 days of the
final approval date.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Annette Hunter was present, representing the application. There was one (1)
person present in opposition and one (1) person present in support. Staff
presented the item and a recommendation of approval.
Annette Hunter addressed the Commission in support of the application. She
explained that she only intended to care for six (6) children at this location.
Ruth Bell also addressed the Commission in support. She noted that the
application met City and State requirements.
Troy Laha addressed the Commission in opposition. He noted that Annette
Hunter was not an owner of the property. He expressed concerns that Ms.
Hunter did not have a plan for the day care use.
March 17, 2005
ITEM NO.: 2 (Cont.) FILE NO.: Z-7801
5
Ms. Hunter noted that she had been director of a day care center in the past.
She noted that she had a plan and understood the requirements for a day care
family home. She also noted that she had power of attorney for the property
which is owned by her son.
There was a motion to approve the application as recommended by staff. The
motion failed by a vote of 5 ayes, 4 nays and 2 absent. The application was
denied.
March 17, 2005
ITEM NO.: 3 FILE NO.: LU05-12-02
Name: Land Use Plan Amendment - 65th Street West Planning District
Location: Southeast Corner of David O. Dodd Road and Bowman Plaza Drive
Request: Office to Commercial
Source: Joe White, White - Daters and Associates, Inc.
PROPOSAL / REQUEST:
Land Use Plan amendment in the 65th Street West Planning District from Office to Commercial. The
Commercial category includes a broad range of retail and wholesale sales of products, personal and
professional services, and general business activities. Commercial activities vary in type and scale,
depending on the trade area that they serve. The applicant has requested the rezoning for future
development.
Staff is not expanding the application since the Land Use Plan in this area was reviewed within year
and a half.
EXISTING LAND USE AND ZONING:
The property is undeveloped and currently zoned O-3 (General Office District) and is 9 acres ± in
size. North of the site is land zoned C-3 (General Commercial District) partially undeveloped and
partially developing with a gas station and car wash. Further north and on the north side of Colonel
Glenn Road is land zoned C-2 (Shopping Center District) partially forested and approved for
development of the Village at Brodie Creek Shopping Center. Northeast and east of the property is
additional land zoned C-3 and developed with an 18 screen Rave Movie Theatre and land zoned C-4
(Open Display Commercial District) developed with a bank and car dealerships. Further northeast
and on the east side of Interstate 430 are lands zoned C-2, C-3, and C-4, developed with several
commercial and office uses including a retail strip center, and fast food restaurants. East of
Interstate 430 are additional lands zoned POD (Planned Office Development), O-3 (General Office
District), and an undeveloped OS (Open Space) area. South of the property is land zoned R-2 that is
partly undeveloped forest and developed with a single-family home subdivision. Southeast of the
property is undeveloped C-3 land and R-2 (Single Family Residence District); a strip of OS zoned
land separates the two zones. Immediately southwest of the property is J A Fair High School
operating with a Conditional Use Permit on R-2 zoned land.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On October 21, 2003 a change was made from Office to Commercial and Open Space immediately
south and southeast of the applicant’s property.
On February 4, 2003 a change was made from Multifamily to Mixed Office Commercial on the
southwest corner of I-430 and W. 36th Street about a quarter mile north of the applicant’s property to
accommodate proposed development.
March 17, 2005
ITEM NO.: 3 (Cont.) FILE NO.: LU05-12-02
2
On January 7, 2003 a change was made from Office to Commercial at 12201 Colonel Glenn Road
about a quarter mile north of the applicant’s property to accommodate proposed development.
On January 16, 2001 a change was made from Mixed Use and Suburban Office to Commercial and
Office on the southeast corner of I-430 and Colonel Glenn Road about a quarter mile northeast of the
applicant’s property to accommodate proposed development.
On September 19, 2000 a change was made from Low Density Residential and Mixed Office
Commercial to Mixed Use on W. 36th Street and Bowman Road about one mile north of the
applicant’s property to accommodate proposed development.
The applicant’s property is currently shown as Office on the plan. Northwest and northeast of the
property are areas shown as Commercial. Further northwest and northeast of the property and on
the north side of Colonel Glenn Road area areas shown as Mixed Office Commercial and Public
Institutional. Land to the east is shown as Commercial. Shown immediately to the south is a Park
Open Space buffer separating a Commercial area immediately southeast of the applicant’s property
and a Public Institutional area shown immediately to the southwest. West of the property is an area
shown as Office.
MASTER STREET PLAN:
David O. Dodd Road is shown as a Minor Arterial on the Master Street Plan. The purpose of a
Minor Arterial is to provide connections to and through an urban area. Bowman Plaza Drive is
shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to
provide access to adjacent properties. Bowman Plaza Drive is also considered a Commercial Local
streets so additional right-of-way, paving, and landscaping may be required. David O. Dodd Road
and Bowman Plaza Drive may require dedication of right-of-way and street improvements.
BICYCLE PLAN:
A Class I bikeway is shown following David O. Dodd Road adjacent to the property. A Class I
Bikeway is built separate from or alongside a road. Additional paving and right of way may be
required.
PARKS:
This application is in the West Central Parks Planning District. This park district recognizes that a
large amount of area land is in flood plains that create many opportunities for recreation like trails,
bikeways, passive recreation, and open space. There are no public parks within a mile of the
proposed development. A nearby high school does offer limited recreational opportunities with
several ball fields.
March 17, 2005
ITEM NO.: 3 (Cont.) FILE NO.: LU05-12-02
3
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little Rock recognized
neighborhood action plan.
ANALYSIS:
The applicant’s land is in an area that is largely under development and becoming an area of
numerous commercial activities focused on the I-430 and Colonel Glenn Road Interchange.
Approximately 293 acres of land is shown for possible commercial use surrounding the interchange
consisting of areas shown as Commercial (163 acres ±), Mixed Office Commercial (120 acres ±), and
Community Shopping (10 acres ±) on the Future Land Use Plan. Approximately 69 acres are
shown for Office and approximately 205 acres are shown as Suburban Office in this node. Several
large developments for the area have occurred or been announced recently in the area. In 2000 a
large movie theatre complex, the Rave, opened followed by two car dealerships and most recently, a
bank. In 2003, zoning and Land Use Plan amendments have been approved for a 90+ acre open-air
shopping center northwest of the I-430 Colonel Glenn interchange. This shopping center is
anticipated to have national department stores, retail shops, and restaurants. Construction is yet to
begin on this shopping center development. The southwest corner of this intersection has an
abundance of undeveloped Commercial land. Approximately 45 acres in the immediately southeast
of the site remains undeveloped. Even though new development is occurring in the area, ample
supply still exists.
In October of 2003 a large Commercial area was added southwest of the property. Included in this
change were strips of Open Space intended to provide a buffer to adjacent Single Family and the
Public Institutional areas. That addition of that Commercial land directly related to Bowman Plaza
and Colonel Glenn Plaza Drives. Currently the existing Commercial area is adjacent to the rear
portion of the school, which primarily consists of undeveloped land, athletic fields, and a track and
field with bleachers. The proposed change of the applicant’s property would result in additional
Commercial along the entirety of the east side of the Public Institutional area. Staff feels that an
Open Space strip should be required adjacent to the Public Institutional area to match the open
space surrounding the nearby commercial area to complete the Park/Open Space buffer on the east
side, and provide one on the north side. Furthermore, Staff would prefer that any development on
the site would be focused on Bowman Plaza Drive, not David O. Dodd Road.
Currently, commercial development in the area is focused on Colonel Glenn Road, and the
commercial area alongside Bowman Plaza and Colonel Glenn Plaza Drives. More intense land uses,
such as C-4 (Open Display Commercial), are located at the northeast edge of this Commercial area.
Currently use intensities step-down from the northeast to the southwest to ensure a smooth transition
between the I-430 / Colonel Glenn Road interchange and the nearby institutional and single-family
uses. Since the commercial activities in the area front either Bowman Plaza Drive, Colonel Glenn
March 17, 2005
ITEM NO.: 3 (Cont.) FILE NO.: LU05-12-02
4
Plaza Drive, or Colonel Glenn Road, changing this land to Commercial could introduce a higher
intensity use near David O. Dodd Road, but would complete the Commercial area centered around
Bowman Plaza and Colonel Glenn Plaza Drives. Changing this land would reduce the Office area
north of J A Fair School, further emphasizing the importance of keeping the remaining Office area as
a buffer. Any additional expansion of Commercial west into the Office area might conflict with the
Public Institutional area.
The Commercial area immediately south of this area has a one hundred foot wide open space strip
between it and the Public Institutional area. This open space concept could be carried onto the
current application. The amount of open space at the edges could be used in the future to provide a
recreational trail or bike path in the future, which would be consistent with the Neighborhood Action
Plan’s Parks and Recreation Goals. Addition of this Commercial would be more directly connected
to the school and the open space would require an adequate buffer.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations Meadowcliff/Brookwood Neighborhood
Association, Tall Timber Homeowners Association, South Brookwood Ponderosa, Pecan Lake
Property Owners Association, Stagecoach-Dodd Neighborhood Association, and John Barrow
Neighborhood Association.
Staff has received two comments from area residents, both of them being positive in nature.
STAFF RECOMMENDATIONS:
Staff believes the change would be appropriate since it fronts Bowman Plaza Drive, if a Park/Open
Space buffer is added adjacent to the area shown as Public Institutional on the east and north side of
the school.
PLANNING COMMISSION ACTION: (MARCH 17, 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.
March 17, 2005
ITEM NO.: 3.1 FILE NO.: Z-3371-M
Owner: Colonel Glenn Partners, LLC
Applicant: White-Daters and Associates
Location: South side of Bowman Plaza Drive, at
David O Dodd Road
Area: 8.6298 Acres
Request: Rezone from O-3 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Theatre and undeveloped property; zoned C-3 and C-4
South – J. A. Fair High School and undeveloped property;
zoned R-2 and C-3
East – Undeveloped property; zoned C-3
West – Undeveloped property; zoned O-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for
Progress and John Barrow Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street West District. The Land Use
Plan shows Office for this property. The applicant has applied for a
March 17, 2005
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-3371-M
2
rezoning from O-3 (General Office District) to C-3 (General Commercial
District) for unspecified development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda. (LU05-12-02)
Master Street Plan:
David O Dodd Road is shown as a Minor Arterial on the Master Street
Plan. The purpose of a Minor Arterial is to provide connections to and
through an urban area. Bowman Plaza Drive is shown as a Local Street
on the Master Street Plan. The primary function of a Local Street is to
provide access to adjacent properties. Bowman Plaza Drive is considered
a Local Commercial Street so additional right-of-way, paving, and
landscaping may be required. David O Dodd Road and Bowman Plaza
Drive may require dedication of right-of-way and street improvements.
Bicycle Plan:
A Class I bikeway is shown following David O Dodd Road west of the
property. A Class I bikeway is built separate from or alongside a road.
Additional paving and 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.
E. STAFF ANALYSIS:
Colonel Glenn Partners, LLC, owner of the 8.6298 Acre property along the
south side of Bowman Plaza Drive, at David O Dodd Road, is requesting
to rezone the property from “O-3” General Office District to “C-3” General
Commercial District. The rezoning is proposed for future commercial
development of the property.
The property is currently undeveloped and partially wooded. The property
slopes upward from Bowman Plaza Drive and David O Dodd Road. The
southeast portion of the property is approximately is 15 feet above the
grade of Bowman Plaza Drive.
The general area contains a mixture of uses and zoning. The Rave
Theatre is located on the C-3/C-4 zoned property across Bowman Plaza
Drive to the north. J.A. Fair High School is located to the southwest on
March 17, 2005
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-3371-M
3
R-2 zoned property. There is undeveloped C-3 zoned property to the east
and southeast, with undeveloped O-3 zoned property to the west. There
is additional undeveloped C-3 zoned property to the north, with a branch
bank being developed at the southeast corner of Colonel Glenn and David
O Dodd Roads.
The City’s Future Land Use Plan designates this property as office. The
applicant has filed a separate application to change the land use plan
from Office to Commercial (Item 3. on this agenda).
Staff is supportive of the proposed C-3 zoning of the property. Given the
existing school use immediately west and south of the property, staff feels
that the west and south 50 feet of this property (where abutting the school
property) should be maintained as an undisturbed buffer and zoned OS.
This will be consistent with the C-3 zoned property immediately to the
south, which was recently rezoned, providing a 50 foot wide undisturbed
buffer (zoned OS) adjacent to the school property. Staff feels that the
proposed C-3 zoning, with added buffers, will have no adverse impact on
the adjacent properties or the general area. Staff feels that the
undeveloped O-3 property immediately to the west will serve as an
adequate transition from the C-3 zoned property to the less intense zoning
and uses (including single family) near the intersection of David O Dodd
Road and Lawson Road (Church Road).
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 zoning, subject to the
south and west 50 feet of the property, where adjacent to J.A. Fair High
School property, remaining as an undisturbed buffer and zoned OS.
PLANNING COMMISSION ACTION: (MARCH 17, 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.
March 17, 2005
ITEM NO.: 4 FILE NO.: Z-5099-C
Owner: Pfeifer Development Company
Applicant: White-Daters and Associates
Location: Near the northeast corner of Cantrell Road
and Chenal Parkway
Area: 1.91 Acres
Request: Rezone from MF-18 to O-3
Purpose: Future office development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped; zoned MF-18
South – Undeveloped; zoned O-3
East – Single family, school and undeveloped property; zoned R-2
West – Undeveloped; zoned MF-18 and O-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA Bus Route. CATA Route #25
(Highway 10 Express Route) runs along Cantrell Road to the south.
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 Duquesne Place and
Aberdeen Court Neighborhood Associations were notified of the public
hearing.
March 17, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-5099-C
2
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Multifamily for this property. The applicant has applied for a
rezoning from MF-18 (Multifamily District) to O-3 (General Office District)
to make area zoning consistent with roadway alignment requested by
Public Works. Staff envisioned that a roadway would separate the
Multifamily and Office in this area. Since the land use plan is general in
nature and reflects a concept, an amendment is not necessary. The
areas will be re-illustrated to properly reflect the concept of the street
separating the uses if the zoning is approved.
Master Street Plan:
At the present time there are no roads adjacent to this application.
Currently a preliminary plat indicates a two Local Commercial Streets
north and east of this site. Street improvements and dedication of right-
of-way may be necessary when development occurs adjacent to the
proposed roadway.
Bicycle Plan:
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:
Pfeifer Development Company, owner of the 1.91 Acre property near the
northeast corner of Cantrell Road and Chenal Parkway, is proposing to
rezone the property from “MF-18” multifamily to “O-3” General Office
District. The rezoning is proposed based on the fact that the alignment of
a future street between the MF-18 property and the O-3 zoned property
immediately south has been shifted slightly northward, thereby creating a
sliver of MF-18 zoned property. The realignment of the future street was
approved by the City’s Traffic Engineer through the Conditional Use
Permit process for the Little Rock Christian School campus to the east.
The new street locations will align with a future access drive from the
northwest portion of the school development.
March 17, 2005
ITEM NO.: 4 (Cont.) FILE NO.: Z-5099-C
3
The 1.91 acre property is currently undeveloped, as is the remainder of
the MF-18 tract to the north and west, and the O-3 zoned property to the
south and west. There is single family zoned property and the Little Rock
Christian School campus located to the east. The Northwest Territory
Subdivision is located to the west and southwest.
The City’s Future Land Use Plan designates this property as Multifamily.
The requested zoning change does not require a change to the Land Use
Plan, as explained in paragraph D. of this report.
Staff is supportive of the requested O-3 zoning. Staff feels that the
rezoning of the 1.91 acre sliver in order to incorporate it into the existing
O-3 zoned tract on the south side of a future street is reasonable. Given
the approved alignment of the future street, it would serve no purpose to
leave this sliver of property zoned MF-18. Staff believes the proposed
rezoning will have no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested O-3 rezoning.
PLANNING COMMISSION ACTION: (MARCH 17, 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.
March 17, 2005
ITEM NO.: 5 FILE NO.: Z-7799
Owner: Deltic Timber Corporation
Applicant: White-Daters and Associates
Location: Near the northeast corner of Chenal Parkway
and Rahling Road
Area: 1.8836 Acres
Request: Rezone from MF-24 and O-2 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped; zoned O-2
South – Undeveloped; zoned C-3
East – Multifamily and undeveloped property; zoned MF-24 and O-2
West – Undeveloped (across Chenal Parkway); zoned PCD
A. PUBLIC WORKS COMMENTS:
1. No comments regarding proposed minor zoning revision.
2. Road improvements shown for Rahling Road are not consistent with
previous comments made by Traffic Engineering. An extra lane for
dual left turns is to be provided for west bound Rahling Road.
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 Margeaux Neighborhood
Association were notified of the public hearing.
March 17, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-7799
2
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for a
rezoning from MF-24 (Multifamily District) and O-2 (Office and Institutional
District) to C-3 (General Commercial District) because the current zoning
lines do not meet the street centerlines. The resulting parcels of land are
intended to reflect the adjacent zoning and land use plan pattern.
The request does not require a change to the Land Use Plan.
Master Street Plan:
Chenal Parkway is shown as a Principal Arterial on the Master Street
Plan. The primary function of a Principal Arterial is to serve through traffic
and to connect major traffic generators or activity centers within urbanized
areas. Chenal Parkway may require dedication of right-of-way and street
improvements.
Bicycle Plan:
A Class I bikeway is shown on Chenal Parkway adjacent to the property.
A Class I bikeway is built separate from or alongside a road. Additional
paving and 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.
E. STAFF ANALYSIS:
Deltic Timber Corporation, owner of the 1.8836 Acre property near the
northeast corner of Chenal Parkway and Rahling Road, is requesting to
rezone the property from “MF-24” Multifamily District and “O-2” Office and
Institutional District to “C-3” General Commercial District. There is
approximately 0.3778 Acre of MF-24 and 1.5058 Acres of O-2 proposed
to be rezoned. The sliver of property is located on the south side of a
future street (North Drive), which was recently approved as part of a
preliminary plat (Lots A-G, Tract 1, Chenal Valley) consisting of 16.9583
Acres of property at the northeast corner of Chenal Parkway and Rahling
Road. The remainder of the 16.9583 Acres is zoned C-3. Therefore, the
March 17, 2005
ITEM NO.: 5 (Cont.) FILE NO.: Z-7799
3
rezoning is proposed in order to adjust the C-3 zoning line to correspond
with the boundary of the subdivision.
The property is currently undeveloped and mostly wooded. There is a
mixture of uses and zoning in this general area. Undeveloped property is
located immediately north and south of the sliver of property proposed for
rezoning. Undeveloped O-2 zoned property is located to the east.
Undeveloped property and single family homes are located across Chenal
Parkway to the west and northwest. The Village at Rahling Road
commercial development is located across Rahling Road further to the
south. An apartment complex is located to the northeast.
The City’s Future Land Use Plan designates this property as Commercial.
The proposed rezoning to C-3 does not require a change to the Land Use
Plan.
Staff is supportive of the requested C-3 zoning. Staff feels that the
request is reasonable. The rezoning represents a “clean-up” action in
adjusting the zoning lines to align with the boundary of the recently
approved commercial preliminary plat. As noted previously, 15.0747
Acres of the 16.9583 Acres included in the plat are currently zoned C-3.
Therefore, staff believes the proposed rezoning will have no adverse
impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (MARCH 17, 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.
March 17, 2005
ITEM NO.: 6 FILE NO.: Z-6096-C
NAME: Chenal Valley Montessori School –
Revised Conditional Use Permit
LOCATION: 15717 Taylor Loop Road
OWNER/APPLICANT: Chenal Valley Montessori School/Dorothy Moffett
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow for construction of a
second building on this R-2 zoned private school site.
1. SITE LOCATION:
The property is located on the south side of Taylor Loop Road, between
Robyn Lane and Montgomery Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The school has been at this site since 1996. The area is predominately
single family in nature with a mixture of older homes and many new
homes. The immediate area does also include two churches; located a
couple of blocks to the east and west of this site. This relatively small
private school has apparently been compatible with the neighborhood.
The addition of this one building, with no overall increase in total
enrollment, should not affect the school’s continued compatibility with the
area.
All owners of property located within 200 feet of the site, all residents within
300 feet who could be identified and the Westchester-Heatherbrae,
Westbury and Secluded Hills Neighborhood Association were notified of
this request.
3. ON SITE DRIVES AND PARKING:
Access to the site will be via the two existing driveways, which will utilized
as one-way entry and exit. The site currently has 15 parking spaces and
7 more will be added under this proposal for a total of 22. Stacking space
is available for parents dropping off or picking up children. The school
has 14 employees; 7 full-time and 7 working part-time hours throughout
the day. The total enrollment at the school will be 80 children. It appears
the proposed parking and drop-off areas are sufficient to meet the
school’s needs.
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Areas set aside for buffers and landscape appear to meet with ordinance.
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or evergreen plantings, is required along the
southern perimeter of the site next to the residentially zoned property.
5. PUBLIC WORKS COMMENTS:
1. The proposed land use would classify Taylor Loop and Montgomery
Road on the Master Street Plan as commercial streets. Dedicate right-
of-way to 30 feet from centerline.
2. A 20 feet radial dedication of right-of-way is required at the intersection
of the streets.
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. (The plans indicate
improvements.)
4. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
5. Storm water detention will not apply to the proposed development.
6. Provide the estimated number of vehicles for peak hour traffic at the
school. Sufficient on-site parking must be provided to prevent blocking
of the through lanes of Taylor Loop Road.
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.
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
3
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is not located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 24, 2005)
The applicant was present. Staff presented the item and noted additional
information was needed regarding signage, number of employees, days and
hours of operation, site lighting, the total number of parking spaces and
dumpster location. The applicant was directed to provide a copy of the bill of
assurance and surveys of all tracts. Staff asked the status of one small tract of
land which appeared to not be owned by the applicant. Public Works,
Landscape and Utility Comments were noted. Public Works Staff requested the
applicant provide the estimated number of vehicles for peak hour traffic at the
school.
The applicant was advised to respond to staff issues by March 2, 2005. The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The Chenal Valley Montessori School is located on the R-2 zoned property at
15717 Taylor Loop Road.
On March 14, 1996, a conditional use permit was approved to allow for
construction of a 1,620 square foot, residential-style building and a 13-space
parking lot. The school was to have an enrollment of 30 students.
On April 30, 1998, a revision to the C.U.P. was approved to allow for expansion
of the student enrollment to 48 students. The second floor of the existing
building was finished-out to accommodate an office and two classrooms. No
other changes were proposed.
On June 22, 2000, the Commission denied a revised C.U.P. to allow for
construction of a two-story building on the site, which was to contain a
gymnasium and 4 classrooms. Also included was the addition of 4 parking
spaces and expanding the enrollment to 98 children. The applicant appealed the
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
4
denial to the Board of Directors. Prior to the Board hearing, the proposal was
modified slightly in that the building was reduced in scale. On August 15, 2000,
the Board voted to return the item to the Planning Commission. On September
14, 2000, the Commission approved the modified C.U.P. The opponents then
appealed the decision to the Board. On November 8, 2000, the Board passed
Resolution No. 10,925 which rescinded the Commission’s approval, at the
applicant’s request.
On October 3, 2002, the Commission denied a C.U.P. which would have allowed
for the development of a new Montessori School on nearby Forest Lane to
replace this campus. The new, 5-acre campus was to include 3 buildings, 31
parking spaces and an enrollment of 110 students. The applicant appealed the
denial to the Board. Again, the proposal was modified prior to the Board
meeting. On January 21, 2003, the Board voted to return the item to the
Planning Commission. On February 20, 2003, the Commission approved the
C.U.P. There was no appeal. The applicant subsequently determined it was
too expensive to build the Forest Lane School.
The applicant now proposes to construct a second building on this Taylor Loop
Road site. The proposed building will be one-story in height and will be built in a
residential style with brick and vinyl siding and a pitched, shingled roof. The
building will contain two classrooms, an activity room and a school office. The
building will be 3,000 square feet in area. Associated with the new building is an
expanded parking lot and drop-off area. The school currently has an enrollment
of 80 children. Forty-five are located at this site and 35 are located in rooms at
the nearby Central Baptist Church. The applicant proposes to consolidate the
school to this site and to cease using the church. No increase in the school’s
enrollment above 80 children is proposed.
On February 28, 2005, the applicant submitted responses to issues raised at
Subdivision Committee. Signage is to consist of the existing ground-mounted
sign and identification signs on the buildings. The wall signs are to be
approximately 2’ X 4’ and will identify what classes or offices are located in each
building. The school has 14 employees. Seven are full-time and work from
7:30 a.m. to 3:00 p.m. Two employees work from 9:00 a.m. to 1:00 p.m. Three
employees work from 2:30 p.m. to 6:00 p.m. and one employee works from 3:30
p.m. to 6:00 p.m. The school is open Monday through Friday, 7:30 a.m. to 6:00
p.m. Classes begin at 8:30 a.m. and end at either 11:15 a.m., 12:30 p.m. or
3:00 p.m. After 3:00 p.m., the children are in extended care. The children are
picked up at various hours in the afternoon. Site lighting consists of street lights
and one proposed light to be erected in the new parking area. The new light will
be shielded downward and into the site. The existing dumpster will be relocated
and screened as required by the Ordinance. New privacy fencing will be placed
between the adjacent residential property and the new building site.
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
5
The school is currently located on two lots (8 and 9) of the Pennwyck Addition.
The 1989 Bill of Assurance for Pennwyck Addition includes this statement:
All lots are to be used for single family residential dwellings only.
In 1996, the bill of assurance was amended to permit Lots 8 and 9 to be used for
a “private educational institution”. The current proposal includes the addition of
Lot 1, Pennwyck Addition, two tracts which are not in a platted subdivision and a
small, triangle-shaped remnant of property. The applicant has stated she will
pursue amending the bill of assurance to permit the use of Lot 1, Pennwyck
Addition for the school. The applicant is also to acquire the triangle-shaped
remnant from its current owner.
The applicant submitted the results of a study conducted of drop-off/pick-up
times. It shows there is a peak drop-off time between 8:00 a.m. – 8:30 p.m. and
another peak time between 3:15 p.m. – 3:45 p.m. when several children are
picked up. Even at these peak times, the number of vehicles is low enough that
there is adequate space on the site for the vehicles.
Staff is supportive of the proposed revised C.U.P. Allowing the addition of the
proposed, one-story building appears to be an appropriate expansion of the
school facility. There is no increase in total enrollment.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Revised C.U.P. subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5
and 6.
2. Any new site lighting must be shielded downward and onto the site.
3. The dumpster must be appropriately located and screened as required by the
Code.
4. Use of the playground area is to be limited to daylight hours.
5. A 6-foot tall, wood privacy fence, with its finished side facing outward, must
be installed between the new development and any adjacent residential
properties.
6. The small, triangle-shaped piece of property must be acquired prior to any
building permit being issued.
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
6
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant, Dorothy Moffett, was present. There were three objectors and
one supporter present. Staff presented the item and a recommendation of
approval subject to compliance with the conditions outlined in the “Staff
Recommendation” above.
Dorothy Moffett gave a brief history of the Chenal Valley Montessori School.
She stated she began leasing space at Central Baptist Church approximately
three years ago and she wished to consolidate all classes at this one location.
Ms. Moffett stated most of her neighbors supported the school. She stated
enrollment at the school would be capped at 80 students. Ms. Moffett stated she
had never had to have police to regulate traffic at the school. She stated her
engineer had determined the new construction would not negatively impact
drainage in the area. Ms. Moffett stated she had taken care to design a building
that would fit into the neighborhood.
Chairman Rahman stated he had concerns about the enrollment numbers. He
noted the school began with an enrollment of 30 children and had been back
before the Commission several times to increase enrollment. He commented
that he did not believe Ms. Moffett would not be back asking to increase
enrollment again. Ms. Moffett responded that she had made the decision to
remain a small school; that there are other, large private schools in the general
area.
Jim Nettles, of 15808 Taylor Loop Road, spoke in opposition. He had presented
to the Commissioners a binder in which he had included copies of past
Commission minutes, photographs, a petition in opposition and other
information. Commissioner Floyd noted that the petition was from 2000 (the time
of previous application).
Mr. Nettles stated there had not been proper notice with previous applications
and there was still not proper notice to all property owners. He pointed out what
he felt were discrepancies in past actions and the staff report. Mr. Nettles
specifically commented on insufficient parking on the site, the increase in
enrollment and the use of Central Baptist Church classrooms for the Montessori
School. He voiced concerns about traffic; specifically cars speeding on Taylor
Loop Road and construction traffic related to developing subdivisions in the area.
Mr. Nettles also voiced concerns about stormwater run-off.
Mr. J. A. (Butch) Penney, of 29415 Penny Lane, spoke in support of the
application. He stated he had developed the Pennwyck Addition and had built
every home in the subdivision. He stated he had several family members who
lived near the school and he knew of no one who objected to the school.
Mr. Penney stated the school was a well run business that did not create traffic
problems. In response to a question from Commissioner Yates, Mr. Penny
stated the bill of assurance for Lot 1 had been amended to allow the school
expansion.
March 17, 2005
ITEM NO.: 6 (Cont.) FILE NO.: Z-6096-C
7
In response to a question from the Commission, Mike Hood of Public Works
stated the traffic count on Taylor Loop Road as of March 8, 2005 was 2,500
vehicles per day; well below the capacity of the street. He acknowledged there
was a speeding problem. Mr. Hood noted that Ms. Moffett had agreed to do all
required half-street improvements and needed drainage improvements.
Commissioner Floyd questioned the ages of the children at the school. Dana
Carney of the Planning Staff responded that the original 1996 approval was for
preschool and a subsequent revision to the C.U.P. raised the allowable age to 9.
He acknowledged there was no approval to have children up to 12 years of age
at this site. Ms. Moffett stated the 9-12 year old children were at the Central
Baptist Church site, where the approval for a private school did not have a
specific age limit. At the suggestion of the Commission, she amended her
application to allow children up to 12 years of age at this site.
Ms. Moffett stated that the traffic study was done having all of the school’s
currently enrolled 76 children dropped-off at this site. She stated she felt that
was necessary to show true traffic numbers.
A motion was made to approve the application, as amended, including all staff
comments and conditions. The motion was approved with a vote of 6 ayes,
2 noes, 2 absent and 1 abstaining (Floyd).
March 17, 2005
ITEM NO.: 7 FILE NO.: Z-7802
NAME: Adams Day Care Center – Conditional Use Permit
LOCATION: 3821 Baseline Road
OWNER/APPLICANT: Gwenevere Adams
PROPOSAL: A conditional use permit is requested to allow for use
of the existing structure on this R-2 zoned lot as a day
care center.
1. SITE LOCATION:
The property is located on the south side of Baseline Road, between
Baseline Elementary School and Reck Road.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property fronts onto an arterial street in an area of mixed zoning and
uses. Several of the homes along the south side of Baseline Road in this
area were converted into business uses prior to the area being annexed
into the City. The property to the east is one. It is used as a
veterinarian’s office. A school and apartment complex are located further
to the east. Single-family homes are located to the south and west.
Several commercial uses are located around the intersection of Scott
Hamilton and Baseline. Vacant O-3 zoned property and other
nonconforming uses are located on the north side of Baseline. The
proposed use is compatible with uses 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 Upper Baseline and SWLR
United for Progress Neighborhood Associations were notified of this
request.
3. ON SITE DRIVES AND PARKING:
The proposed day care center is to have 3 employees and an enrollment
of 30 children; requiring parking/stacking space for 6 vehicles. The
property has two existing driveways, which will be used as one-way
entry/exit. The applicant proposes to utilize the existing carport and
driveway on the east side of the property for stacked parking of the
employees’ vehicles. The driveway in front of the structure will be
March 17, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7802
2
widened to 20 feet in width, which will allow for stacking of 3 vehicles for
drop-off/pick-up and a bypass lane. The parking is sufficient for the
proposed use.
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
Along Baseline Road, the on-site street buffer must be an average of
twenty-four (24) feet in width.
Properties to the east and west are zoned residential, therefore, the Buffer
ordinance requires a nine (9) foot wide buffer strip; however, the
Landscape ordinance will require an average width of nine (9) feet and at
no point less than 6’-9”.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or evergreen plantings, is required along the
eastern and western perimeters of the site.
The Landscape ordinance requires a three (3) foot wide minimum
landscape strip between the parking lot(s) and the building, or in the
general area.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site. Credit toward fulfilling
Landscape ordinance requirements can be given when preserving trees of
six (6) inch caliper or larger.
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
5. PUBLIC WORKS COMMENTS:
1. Provide the estimated number of vehicles for peak hour traffic at the
day care. Sufficient on-site parking must be provided to prevent
blocking of the through lanes of Baseline Road.
2. Plans of all driveway and parking area improvements shall be
submitted for approval prior to start of work. Steep driveway grades
may need to be adjusted to provide suitable public access.
March 17, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7802
3
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: Approved as submitted.
Water: Contact Central Arkansas Water if larger and/or additional water
meter(s) are required.
Fire Department: No Comments received.
County Planning: No Comments.
CATA: The site is located on a CATA Bus Route.
SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 24, 2005)
Greg Plunkett was present representing the applicant. Staff presented the item
and noted the applicant needed to indicate the required drop-off and parking
spaces on the plan. Public Works, Landscape and Utility Comments were noted.
It was noted that the required screening on the east and west sides could be
either a wood fence or dense evergreen plantings. The applicant was asked to
indicate the screening on the site plan. Public Works staff noted that no vehicles
would be permitted to stop on Baseline Road; that the site would have to have
sufficient drop-off/pick-up stacking space to accommodate all vehicles.
Staff noted there were no other outstanding issues. The applicant was advised
to respond to staff issues by March 2, 2005. The Committee then forwarded the
item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 3821 Baseline Road is occupied by a vacant,
one-story, brick and frame single-family residential structure. The property has
two curb cuts onto Baseline Road and a paved driveway. The applicant
proposes to use the structure as a day care center. The two curb cuts will be
used to create a circular driveway for drop-off/pick-up and parking. The driveway
will be one-way entry and exit.
March 17, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7802
4
The proposed day care center will have 3 employees and a maximum enrollment
of 30 children. Days and hours of operation are Monday through Friday,
6:00 a.m. to 6:00 p.m. Signage will consist of a single ground-mounted sign not
to exceed 6 feet in height and 32 square feet in area. The 1950 bill of assurance
does not address use issues. Screening will be installed on the east and west
perimeters, from the front of the property to a point past the playground area.
Screening will consist of a 6-foot wood privacy fence on the east perimeter and
dense evergreen planting on the west side. The playground area will be located
directly behind the structure and will itself be enclosed by a 4-foot tall wood
fence. No additional screening is needed across the rear of this 400+ foot deep
lot.
Staff is supportive of the requested C.U.P. The proposed use is compatible with
uses in the area. Staff believes this small day care center should have no
impact on the nearby neighborhood.
STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit subject to compliance
with the following conditions:
1. Compliance with the staff comments and conditions in Sections 4, 5 and 6 of
the Staff Report.
2. Fire Marshall’s approval must be received.
3. Compliance with any building code requirements for converting this residence
into a day care center.
4. The street buffer must be maintained at a minimum of 13 feet.
5. The driveways must be one-way entry and exit and directional signage must
be installed indicating such.
6. The driveway in front of the residence must be no less than 20 feet in width.
7. There is to be no stopping or drop-off/pick-up on Baseline Road.
8. The stacked parking utilizing the existing carport and driveway on the east
side must be designated for employees only.
9. Outdoor activities, including use of the playground, must be limited to daylight
hours only.
Staff recommends approval of variances to allow a street buffer width of 13 feet
and to allow stacked parking for employees.
March 17, 2005
ITEM NO.: 7 (Cont.) FILE NO.: Z-7802
5
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
The applicant was present. Gregg Plunkett was present to speak on her behalf.
There was one objector present. Staff presented the item and a
recommendation of approval subject to compliance with the conditions outlined
in the “Staff Recommendation” above.
Mr. Plunkett addressed the Commission and thanked staff for working with the
applicant and him. He stated the site would be improved and would be an asset
to the neighborhood.
Chairman Rahman suggested hearing from the one objector.
Pat Gee, president of the Upper Baseline Neighborhood Association stated
although she personally thought this was an appropriate location for a day care
center, her association had voted not to support the application.
Troy Laha, of 6602 Baseline Road, spoke in support; stating day cares should be
located on major streets, such as Baseline Road.
A motion was made to approve the application subject to compliance with all
staff comments and conditions. The motion was approved by a vote of 10 ayes,
0 noes and 1 absent.
March 17, 2005
ITEM NO.: 8
SUBJECT: Proposed Amendments to Chapter 36 of the Code of
Ordinances, the Zoning Ordinance, to permit
manufactured homes as a permitted use in the AF
Agriculture and Forestry Zoning District.
STAFF REPORT:
In response to a request from the Board of Directors, staff has drafted a
proposed Ordinance Amendment which would permit manufactured homes as a
by-right use on AF Agriculture and Forestry zoned property. Placement would be
limited to one manufactured home per lot or parcel and the home would have to
be sited in compliance with the typical siting standards for manufactured homes.
The proposed Ordinance Amendment was presented to the Plans Committee on
February 9, 2005. Those present were generally receptive to the amendment.
One concern was raised: that being the possibility of the owner of a large
acreage tract of AF zoned property dividing the property into 5.01 acre tracts,
thus avoiding the City’s subdivision regulations, and allowing placement of a
manufactured home on each of the new tracts.
A copy of the proposed Ordinance Amendment is attached.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance Amendment.
PLANNING COMMISSION ACTION: (MARCH 17, 2005)
Staff presented the proposed Ordinance Amendment and a recommendation of
approval. There was no additional discussion.
The item was placed on the Consent Agenda and approved by a vote of 9 ayes,
0 noes and 2 absent.