HomeMy WebLinkAboutpc_09 01 2005LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
SEPTEMBER 1,2005
4:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being eleven (11)in number.
Members Present:Pam Adcock
Gary Langlais
Mizan Rahman
Bill Rector
Robert Stebbins
Jerry Meyer
Norm Floyd
Fred Allen,Jr.
Jeff Yates
Damn Williams
Chauncey Taylor
Members Absent:None
City Attorney:Cindy Dawson
III.Approval of the Minutes of the July 21,2005 Meeting of the Little Rock
Planning Commission.The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
SEPTEMBER 1,2005
4:00 P.M.
OLD BUSINESS:
Item Number:File Number:Title
A.Z-7725 Black Community Developers Transitional Housing—
Conditional Use Permit
4017 West 12a Street
B.Z-7726 Victory Outreach Church Transitional Housing—
Conditional Use Permit
3401 West 12a Street
C.Z-7851 Chenal Elementary School—
Conditional Use Permit
Denny Road,west of the Wildwood Center
D.G-23-349 Unnamed Street —Right-of-Way Abandonment
Adjacent to 11525 Summit Road
E.G-23-350 Unnamed Street —Right-of-Way Abandonment
Adjacent to 11324 Kanis Road
F.LU05-19-02 A Land Use Plan Amendment in the Chenal Planning
District on the south side of Cantrell Road at Norton
Road from Single Family to Commercial.
F.1.Z-7880 Rezoning from R-2 to C-3
6,12,14 and 17 Norton Road
G.Z-5224-J Moonlight Fireworks —Conditional Use Permit
7807 Highway 300
H.Z-7884 First Assembly of God Outreach Center—
Conditional Use Permit
2914 Cumberland Street
LU05-08-02 A Land Use Plan Amendment in the Central City
District located between I-630 and Roosevelt Road
from Dr.Martin Luther King,Jr.Drive to Woodrow.
Changing areas from Single Family,Mixed Office
Commercial,Mix Use,Commercial and Industrial to
Single Family,Low Density Residential,Multifamily
Mixed Use,Public Institutional,Neighborhood
Commercial,Commercial Light Industrial and Service
Trades District.
Agenda,Page Two
Item Number:File Number:Title
J.LU05-20-05 A Land Use Plan Amendment in the Pinnacle Planning
District at the Northwest comer of Cantrell Road and
the entrance to Little Rock Christian Academy from
Public Institutional to Mixed Office Commercial.
J.1.Z4I079-G Highway 10 Development Company Short-form PCD,
located North of Cantrell Road at the Little Rock
Christian Academy entrance.
11.NEW BUSINESS:
Item Number:File Number:Title
1.Z-7911 Williams Day Care Family Home —Special Use Permit
6115 Lyndell Drive
2.Z-7912 Colclough Day Care Family Home —Special Use Permit
7424 West 40a Street
3.LU05-10-01 A Land Use Plan Amendment in the Boyle Park
Planning District on the south side of Kanis Road
between Barrow Road and Business Park Drive from
Mixed Office Commercial to Commercial.
3.1 Z-7914 Rezoning from R-2 to C-3
South side of Kanis Road,500 feet East of
Barrow Road
4.Z-7907 Keziah's Day Support Center Adult Day Care Center
—Conditional Use Permit
4124 Southern Street
5.Z-7908 Karakra Grocery Store —Conditional Use Permit
1817 S.Woodrow Street
6.Z-7909 Colon Accessory Dwelling —Conditional Use Permit
1410 Commerce Street
7.Z-7910 Advanced Auto Parts —Conditional Use Permit
5508 West 12a Street
8.Z-7913 Verizon Wireless —Tower Use Permit
424 Kirby Road
9.Proposed 2005 Ordinance Amendment Package
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September 1,2005
ITEM NO A FILE NO '-7725
NAME:Black Community Developers Transitional Housing—
Conditional Use Permit
LOCATION:4017 West 12 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 eyes,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.
September 1,2005
ITEM NO A Cont FILE NO Z-7725
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 eyes,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 eyes,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.
2
September 1,2005
ITEM NO A Cont FILE NO'-7725
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 eyes,0 noes and 2 absent.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9,2005 agenda to allow
further review of the issue of Transitional Housing.
PLANNING COMMISSION ACTION:(APRIL 28,2005)
The applicant was not present.There were no objectors present.Staff
recommended that the item be deferred to the June 9,2005 Agenda.There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9,2005
meeting by a vote of 10 eyes,0 noes and 1 absent.
STAFF UPDATE:
The Planning Commission has continued to study the issue of Transitional
Housing and related issue.The matter was most recently discussed at the
Commission's May 19,2005 informal meeting.Unresolved issues remain.Staff
believes it is appropriate to defer this application to the July 21 Commission
meeting as the ordinance review process continues.
PLANNING COMMISSION ACTION:(JUNE 9,2005)
The applicant was not present.There were no objectors present.Staff
recommended that the item be deferred to the July 21,2005 Agenda.There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the July 21,2005
meeting by a vote of 10 eyes,0 noes and 1 absent.
3
September 1,2005
ITEM NO.A Cont FILE NO '-7725
STAFF UPDATE:
Proposed ordinance amendments related to group homes and other transitional
living facilities are a separate item on the July 21,2005 Agenda.As the
proposed amendments will directly affect this proposal.Staff believes it is
appropriate to defer this item to the September 1,2005 Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The applicants were not present.There were no objectors present.Staff
presented the item and recommended that the item be deferred to the
September 1,2005 agenda.There was no further discussion.The item was
placed on the Consent Agenda and deferred to September 1,2005 with a vote
of 11 ayes,0 noes and 0 absent.
STAFF UPDATE:
On July 21,2005,the Commission voted to recommend approval of the
Ordinance Amendments.The amendments were scheduled for the Board of
Directors'eptember 6,2005 Agenda.If the amendments are adopted,this
application will be amended to a special use permit.The item needs to be
deferred to the Commission's October 13,2005 agenda to allow time for the
Board to act on the proposed amendments.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicants were not present.There were no objectors present.Staff
presented the item and recommended that the item be deferred to the October
13,2005 Agenda.There was no further discussion.The item was placed on
the Consent Agenda and deferred to October 13,2005 with a vote of 11 ayes,
0 noes and 0 absent.
4
September 1,2005
ITEM NO.:B FILE NO.:Z-7726
NAME:Victory Outreach Church Transitional Housing—
Conditional Use Permit
LOCATION:3401 West 12a 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.
September 1,2005
ITEM NO.:B Cont.FILE NO:Z-7726
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 eyes,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 eyes,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.
2
September 1,2005
ITEM NO.:B Cont FILE NO.:2-7726
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.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the June 9,2005 Agenda to allow
further review of the issue of transitional housing.
PLANNING COMMISSION'ACTION:(APRIL 28,2005)
The applicant was not present.There were no objectors present.Staff
recommended that the item be deferred to the June 9,2005 Agenda.There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the June 9,2005
meeting by a vote of 10 ayes,0 noes and 1 absent.
STAFF UPDATE:
The Planning Commission has continued to study the issue of Transitional
Housing and related issues.The matter was most recently discussed at the
Commission's May 19,2005 informal meeting.Unresolved issues remain.Staff
believes it is appropriate to defer this application to the July 21,2005
Commission meeting as the ordinance review process continues.
PLANNING COMMISSION ACTION:(JUNE 9,2005)
The applicant was not present.There were no objectors present.Staff
recommended that the item be deferred to the July 21,2005 Agenda.There was
no further discussion.
The item was placed on the Consent Agenda and deferred to the July 21,2005
meeting by a vote of 10 ayes,0 noes and 1 absent.
3
September 1,2005
ITEM NO.B Cont FILE NO '-7726
STAFF UPDATE;
Proposed ordinance amendments related to group homes and other transitional
living facilities are a separate item on the July 21,2005 Agenda.As the
proposed amendments will directly affect this proposal,staff believes it is
appropriate to defer this item to the September 1,2005 Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The applicants were not present.There were no objectors present.Staff
presented the item and recommended that the item be deferred to the
September 1,2005 agenda.There was no further discussion.The item was
placed on the Consent Agenda and deferred to September 1,2005 with a vote
of 11 ayes,0 noes and 0 absent.
STAFF UPDATE;
On July 21,2005,the Commission voted to recommend approval of the
Ordinance Amendments.The amendments were scheduled for the Board of
Directors'eptember 6,2005 Agenda.If the amendments are adopted,this
application will be amended to a special use permit.The item needs to be
deferred to the Commission's October 13,2005 agenda to allow time for the
Board to act on the proposed amendments.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicants were not present.There were no objectors present.Staff
presented the item and recommended that the item be deferred to the
October 13,2005 Agenda.There was no further discussion.The item was
placed on the Consent Agenda and deferred to October 13,2005 with a vote
of 11 ayes,0 noes and 0 absent.
4
September 1,2005
ITEMNO'FILE NO Z-7851
NAME:Chenal Elementary School—
Conditional Use Permit
LOCATION:South side of Denny Road,west of Wildwood
OWNER/APPLICANT:Pulaski County Special School District/Crafton,Tull 5
Associates
PROPOSAL:A conditional use permit is requested to allow for
construction of a new elementary school on this R-2
zoned 14-acre tract.
STAFF REPORT;
On May 26,2005,the applicant requested deferral of the item to the July 21,
2005 Agenda.The applicant and staff are continuing to study issues related to
street improvements and wastewater treatment.Staff supports the deferral
request.
PLANNING COMMISSION ACTION:(JUNE 9,2005)
The applicant was present.There were no objectors present.Staff informed the
Commission of the deferral request.There was no further discussion.
The item was placed on the Consent Agenda and deferred to the July 21,2005
Agenda by a vote of 10 ayes,0 noes and 1 absent.
STAFF UPDATE:
The applicant is continuing to address the issue of wastewater treatment and
expects to have the appropriate approvals soon.Staff recommends that the item
be deferred to the September 1,2005 Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The applicant was not present.There were no objectors present.Staff informed
the Commission of the need to defer the item.There was no further discussion.
The item was placed on the Consent Agenda and deferred to the September 1,
2005 Agenda by a vote of 11 eyes,0 noes and 0 absent.
September 1,2005
ITEM NO C Cont FILE NO '-7851
STAFF UPDATE:
On August 22,2005,the applicant submitted a request that the item be
withdrawn,without prejudice.The item will be refiled at a later date once the
wastewater treatment issue is resolved.Staff recommends approval of the
request to withdraw the item without prejudice.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicants were not present.There were no objectors present.Staff
informed the Commission of the applicant's withdrawal request.There was no
further discussion.The item was placed on the Consent Agenda and approved
for withdrawal,without prejudice.The vote was 11 stree,0 noes and 0 absent.
2
September 1,2005
ITEM NO'FILE NO '-23-349
Name:Unnamed Street —Right-of-Way Abandonment
Location:Adjacent to 11525 Summit Road
O~IA Pleasant Ridge Development Company,LLLPI
White-Daters and Associates
Reriuest;To abandon an undeveloped,unnamed
20-foot by 85-foot street right-of-way.
Pururose:To incorporate the area of abandonment into
the adjacent property to the north and south for
future development.
STAFF UPDATE:
The applicant has not submitted all of the required paperwork to complete the
application process.Therefore,staff recommends the item be deferred to the
September 1,2005 Planning Commission Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
Staff informed the Commission that the applicant requested the application be
deferred to the September 1,2005 Agenda.Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
STAFF UPDATE:
The applicant has not submitted all of the required paperwork to complete the
application process.Staff recommends the item be deferred to the October 13,
2005 Planning Commission Agenda.The required documents must be
submitted to staff prior to the September 22,2005 Subdivision Committee
meeting,or staff will recommend the application be withdrawn.
September 1,2005
ITEM NO.:D Cont.FILE NO.:G-23-349
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff informed the Commission that the item needed to be deferred to the
October 13,2005 Agenda due to the applicant not submitting all of the required
paperwork to complete the application process.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
2
September 1,2005
ITEM NO 'FILE NO G-23-350
Name:Unnamed Street —Right-of-Way Abandonment
Location:Adjacent to 11324 Kanis Road
~OIA Michael Hendrixsonl
White-Deters and Associates
Rag vest:To abandon an undeveloped,unnamed
30-foot wide right-of-way between Tracts 58
and 59,West Highland Subdivision.
Puruose:To incorporate the area of abandonment into
the adjacent property to the east and west for
future development.
STAFF UPDATE:
The applicant has not submitted all of the required paperwork to complete the
application process.Therefore,staff recommends the item be deferred to the
September 1,2005 Planning Commission Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
Staff informed the Commission that the applicant requested the application be
deferred to the September 1,2005 Agenda.Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
STAFF UPDATE;
The applicant has not submitted all of the required paperwork to complete the
application process.Staff recommends the item be deferred to the October 13,
2005 Planning Commission Agenda.The required documents must be
submitted to staff prior to the September 22,2005 Subdivision Committee
meeting,or staff will recommend the application be withdrawn.
September 1,2005
ITEM NO E Cont FILE NO '-23-350
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff informed the Commission that the item needed to be deferred to the
October 13,2005 Agenda due to the applicant not submitting all of the required
paperwork to complete the application process.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
2
September 1,2005
ITEMNO.:F FILE NO.:LU05-19-02
Name:Land Use Plan Amendment-Chenal Planning District
Location:South side of Cantrell Road at Norton Road
~Re uest:Single Family to Commercial
Source:Troy D.Laha
PROPOSAL/RE VEST:
Land Use Plan amendment in the Chenal Planning District from Single Family 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 applied for a rezoning to C-3
(General Commercial District)for future development.Staff is not expanding the
application since the Land Use Plan in this area has been reviewed several times
within the past year.
EXISTING LAND USE AND ZONING:
The application area is partly developed with four single-family homes on large
lots,currently zoned R-2 (Single Family District),and twelve acres a in size.
Between Cantrell Road and part of the proposed area for change several parcels
of land zoned R-2 and developed with three single-family homes.Northeast of
the application is land zoned PDO (Planned Development Office)recently
developed with a Kids Academy daycareRearning center;a PCD (Planned
Commercial Development)developed with an auto sales lot/collision center in a
small building;R-2 land developed with a single family home;and Multiple PCDs
developed with La Palupa Mexican Restaurant,Action Window Coverings,a
foreign auto repair service,a drapery shop,and First Financial Computer
Services;and additional undeveloped 0-3 land.North of the site,Valley Ranch
Drive intersects Cantrell Road.The west side of Valley Ranch Drive is
undeveloped and zoned 0-1 (Quiet Office District)and the east side is zoned 0-
3 (General Office District),mostly undeveloped,with the exception of one office
building.Immediately east of the application area are lands zoned R-2 with
homes on large lots.About a quarter mile southeast of the application is
undeveloped land zoned MF-12 (Multifamily District)that is undeveloped.
Immediately south and southwest of the application is land zoned R-2 and
developed with the Aberdeen Court subdivision consisting of single-family
homes on suburban lots.Immediately to the west is the Maywood Manor
Subdivision developed with single-family homes on large lots.Further west are
large tracts of land zoned R-2 and partly developed with single-family homes on
September 1,2005
ITEM NO.F Cont FILE NO.LU05-19-02
large lots.Northwest of the property is land zoned R-2 developed by a single
home on a large lot,and Little Rock Christian Academy.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On April 5,2005 a multiple changes were made within a one-mile radius of the
property.Land less than a quarter mile west of the property and on the north and
south sides of Cantrell Road was changed to Public Institutional to represent
existing institutional uses.Approximately a half-mile west of the site along
Chanel Parkway near Northfield Drive (Chalamont Drive)and Cantrell Road,
changes were made to Commercial,and Suburban Office to recognize adjacent
land uses along Cantrell.About a mile west of the site changes were made to
Low Density Residential,Single Family and Suburban Office for future
development.Less than one half mile east of the site at Ranch Boulevard on the
north side of Cantrell Road changes were made to Commercial and Public
Institutional to reflect existing conditions.
On February 17,2004 five parcels of land were changed in the area of Chenal
Parkway,and Highway 300 approximately one half to one mile northwest of the
application.This eliminated land shown as Single Family and added land shown
as Office,Commercial,Open Space,and Multifamily west of the property in
question.The reasons for this change were to accommodate future development
to create an orderly transition of use intensities between the Commercial and
Single Family areas.
On January 2,2002 three changes were made to the Land Use Plan at three
locations in the area approximately three quarter miles west of the application.
All changes resulted in the loss of Single Family and resulted in the addition of
Commercial north and east of Northfield Drive (Chalamont Drive)and Chenal
Parkway,Suburban Office south and east of Northfield Drive (Chalamont Drive)
and Chenal Parkway including the first transmission line easement,and
Park/Open Space for the remainder of the land south and east of Northfield Drive
(Chalamont Drive)between Chenal Parkway and Aberdeen Subdivision.
On March 5,2001 a change was made from Single Family to Commercial
approximately one half mile west of the application expanding an existing
Commercial area just east of the Chanel Parkway and Cantrell Road intersection
to accommodate future commercial development southwest of the application.
The property is shown as Single Family on the Plan.Surrounding this property
is shown as Single family on the south,east,west,and part of the northern
sides.North of the application on the north side of Cantrell Road is shown as
Suburban Office and Office.Further to the northeast is shown as an Existing
Business Node,which is separated from the application by a Single Family area.
This existing Business node straddles both sides of Cantrell Road east of the
application.
2
September 1,2005
ITEM NO F Cont FILE NO.'U05-19-02
MASTER STREET PLAN:
Norton Road is shown as a Local Street on the Plan.The primary function of a
Local Street is to provide access to adjacent properties.Cantrell Road is shown
as a Principal Arterial and is built as a five-lane road adjacent to the property.
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 Cantrell Road since it is a Principal Arterial.Additional
commercial and office uses at this site could result in added congestion on this
section of Cantrell Road.Cantrell Road may require dedication of right-of-way
and may require street improvements for entrances and exits to the site.
BICYCLE PLAN:
A Class II bikeway is shown on Cantrell Road from Chenonceau Boulevard to the
Chenal Parkway.A Class II bikeway is a route designated for the sole use of
bicycles but is physically connected to the roadway.Additional paving and right
of way may be required.
PARKS:
This application is in the West Little Rock Park Planning District.The Master
Parks Plan identifies a lack of public parks in the west Little Rock area and
recognizes private neighborhood parks and recreation facilities as parkland in the
west Little Rock area.The largest park in this area is Taylor Loop Park,which is
a thirty-five acre community park that is undeveloped and approximately three
miles west of the site.Since this application is adjacent to the Little Rock
Christian Academy and near several property owner association parks,the
recreation activities are available in the area and does not categorize it as being
in a service deficit area.The Parks and Recreation Master Plan does not
indicate any new proposed public parks for the area.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
3
September 1,2005
ITEM NO F Cont FILE NO 'U05-19-02
ANALYSIS:
The land use plan in this area was reviewed in late 2004/early 2005 as part of
the Highway 10 Land Use Plan Review which resulted in 18 amendments to the
Land Use Plan along Cantrell Road between Morgan Cemetery Road and Black
Street.In the immediate area of the application no changes were made to the
single-family area because staff felt that Single Family development was
appropriate for this location.Single Family development at this location would be
in character with neighboring single-family development and new single-family
development that has occurred in the area.New single-family development in
the area is Cheveaux Court,Montagne Court,and Valley Falls Estates,and
several recent small subdivisions to the east.South of the property is Aberdeen
Court,which was constructed in the late 1990's and to the west is Maywood
Manor.This has shown a desire for single-family growth along the south of
Cantrell Road.At the time of the review Staff felt it was appropriate that the area
remain Single Family to reflect the close proximity of two adjacent residential
subdivisions.
Currently this site is located in a rural area along Cantrell Road in a county island
completely surrounded by the city of Little Rock.Before the arrival of the nearby
city limits,properties northeast of this area developed with small commercial
buildings in a pattern consistent with the once rural highway.When the land was
added to the city's Extratemtorial Land Use and Zoning area,these once rural
uses were shown as an Existing Business Node intending to recognize that there
was a significant concentration of commercial business at the location.These
uses generally are not in compliance with the Highway 10 Overlay District
requirements and have various setbacks and building styles that make it unique
to the area.A Planned Office Development for a "Kids Place"Daycare has
been recently developed between this property and the Existing Business Node.
This light office use could provide a transition from the Existing Business Node
and the Single Family area.
To the east of the property is Patrick Country Road which represents a border
between the Existing Business Node and a large Commercial area know as the
"The Ranch"development which represents a large commercial and office area.
This has established the Ranch area as a major Commercial Node in the area.
Currently parts of the Commercial area remain undeveloped.
West of the application is another Commercial Node at the intersection of Chenal
Parkway and Cantrell Road.This Commercial area represents approximately
100 acres of land shown and is just under half developed.Recent development
of a Wal-Mart Supercenter may serve as a catalyst for additional Commercial
development at the Chenal Parkway /Cantrefl Road Commercial Node.
4
September 1,2005
ITEM NO F Cont FILE NO.:LIJOS-19-02
Both of the previously mentioned Commercial Nodes are located at the
intersections of Arterials.Typically staff feels that locations of intense uses
should be located at intersections to prevent strip development patterns and to
minimize negative effects on arterials.This change to Commercial could allow
for high intensity Commercial use in between two large commercial nodes.
Already in the area some commercial businesses exist in the existing business
node.All of these businesses are zoned through the Planned Zoning District,
which results in more control in use and design.The addition of a Commercial
area west of this area could allow for straight zoning in the area resulting in
undesirable development along Cantrell Road and adjacent to two single-family
subdivisions.Since both of the nearby Commercial Nodes have not developed
completely any addition of Commercial to the area could be considered
premature.This change would also add to strip commercial development along
Cantrell Road through this section.
Addition of Commercial at this location would introduce the potential of non-
residential activities adjacent to new,potential,and established residential areas.
Since new subdivisions have been platted and constructed in recent years,and
the future plan has indicated Single Family development for that property,the
change may have a negative impact on the surrounding area.Southeast of the
site is undeveloped land shown as Multifamily that is intended to provide the
buffer from Commercial and Suburban Office areas located at Chenonceau
Boulevard.This Commercial addition would result in adjacent land uses with no
buffer between.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Hillsborough
Property Owners Association,Du Quesne Place P.O.A.,Chenal Ridge Property,
St.Charles Community Association,Johnson Ranch Neighborhood Association,
Maywood Manor Neighborhood Association,Aberdeen Court Property Owners
Association,Hunters Cove Property Owners Association,Carriage Creek
Property Owners Association,Bayonne Place Property Owners Association,
Eagle Pointe Property Owners Association,Glen Eagles Property Owners
Association,Hunters Green Property Owners Association,Margeaux Place
Property Owners Association,Pinnacle Neighborhood Association,and the River
Valley Property Owners Association.
Staff has received comments from the Aberdeen Court Property
Owners'ssociation,which is adjacent to the application area.The property owners
association represents Aberdeen Court's 198 homeowners and opposes this
change.
5
September 1,2005
ITEM NO 'Cont FILE NO 'U05-19-02
STAFF RECOMMENDATIONS;
Staff believes the change is not appropriate because it would result in
commercial in close proximity to residential subdivisions,could lead to strip
commercial development along Cantrell Road,an adequate Commercial space is
located at two commercial nodes east and west of the site.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The Item was placed on consent agenda for deferral to September 1,2005.By
a vote of 11 yes and 0 no the consent agenda was approved.
STAFF UPDATE:
Staff has contacted the applicant regarding the application.The applicant has
indicated that they plan on deferring the application to a later date.At the time of
printing the applicant had not indicated what date they would like to defer the
item to.The application remains unchanged and staff is supportive of a deferral
request.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The item was placed on the consent agenda for deferral to the October 13,2005
Planning Commission meeting.A motion was made to approve the consent
agenda and was approved with a vote of 11 eyes,0 noes and 0 absent.
6
September 1,2005
ITEM NO F 1 FILE NO'-7880
Owner:Paul and Mary Debusk,William and Ruth
Eldridge,Mark and Kimberly Allen,David and
Sonya McFatrich
Applicant:Troy D.Laha
Location;6,12,14 and 17 Norton Road
Area:11.7Acres
Request:Rezone from R-2 to C-3
Purpose;Future Commercial Development
Existing Use;Single Family Residential (4 residences)
SURROUNDING LAND USE AND ZONING
North —Mixed uses and undeveloped property;zoned 0-1,0-3,PCD
and R-2
South —Single family residences;zoned R-2
East —Single family residences and mixed commercial uses along
Cantrell Road,zoned R-2,PD-0 and PCD
West —Single family residences;zoned R-2
A.PUBLIC WORKS COMMENTS:
1.Cantrell Road is classified on the Master Street Plan as a principal
artedial.Dedication of right-of-way to 55 feet from centerline will be
required.
2.With site development,provide design of street conforming to the
Master Street Plan.Construct one-half street improvement to these
streets including 5-foot sidewalks with planned development.
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.
September 1,2005
ITEM NO.:F 1 Cont FILE NO.:2-7880
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located on a CATA Bus Route ¹25 (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 Maywood Manor and
Aberdeen Court Neighborhood Associations were notified of the public
hearing.
D.LAND USE ELEMENT;
This request is located in the Chenal Planning Distriict.The Land Use
Plan shows Single Family for this property.The applicant has applied
for a zoning change from R-2 (Single Family District)to C-3 (General
Commercial District)for speculative zoning.A land use plan amendment
for a change to Commercial is a separate item on this agenda
(LU05-19-02).
Master Street Plan:
Norton Road is shown as a Local Street on the Plan.The primary function
of a Local Street is to provide access to adjacent properties.Cantrell
Road is shown as a Principal Arterial and is built as a five-lane road
adjacent to the property.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 exists should be limited to
minimize negative effects of traffic and pedestrians on Cantrell Road since
it is a Principal Arterial.Additional commercial and office uses at this site
could result in added congestion on this section of Cantrell Road.Cantrell
Road may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
~Bi I PI
A Class II bikeway is shown on Cantrell Road from Chenonceau
Boulevard to the Chenal Parkway.A Class II bikeway is a route
designated for the sole use of bicycles but is physically connected to the
roadway.Additional paving and right-of-way may be required.
2
September 1,2005
ITEM NO F 1 Cont FILE NO Z-7880
Ci Reco nized Nei hborhood 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;
The Debusk,Eldridge,Allen and McFatrich families,owners of the 11.7
Acres of property located at 6,12,14 and 17 Norton Road,are requesting
to rezone the property from "R-2"Single Family Residential to "C-3"
General Commercial District.The rezoning is proposed for future
commercial development of the property.
There are currently four (4)single family residences located within the
boundary of the 11.7Acre property.A portion of the property at the
southwest corner of Cantrell Road and Norton Road is undeveloped.
There are existing single family residential neighborhoods located
immediately west and south of the property.There are single family
residences on large lots located to the east.A day care center and
restaurant are located to the east,along the south side of Cantrell Road.
There is a mixture of commercial uses and undeveloped office zoned
property to the north and northeast,along the north side of Cantrell Road.
The City's Future Land Use Plan designates this property as Single
Family.A proposed Land Use Plan Amendment (LU05-19-02)for a
change to commercial is a separate item on this agenda (Item 8).
Staff is not supportive of the requested C-3 zoning nor the Land Use Plan
Amendment to Commercial.Staff believes the rezoning of this property to
C-3 is inappropriate.Staff has concerns with locating C-3 zoned property
over 1,000 feet back from Cantrell Road and adjacent to single family
residences on three (3)sides (east,west and south).The property is
currently divided into four (4)tracts.The rear three (3)tracts (12,14 and
17 Norton Road)are located over 300 feet back from Cantrell Road,and
therefore would not have to conform to the Highway 10 Design Overlay
Standards,including increased buffers and building setbacks,if developed
separately.There are existing major commercial nodes to the east and
west of this site,at the intersection of Cantrell Road and Chenal Parkway,
and in the Ranch development.There are large areas of commercial
zoning within these commercial nodes which are currently undeveloped.
Therefore,staff views the addition of commercial zoning to the overall
ares es premature.Staff believes the requested C-3 zoning would have a
3
September 1,2005
ITEM NO.:F.1 Cont.FILE NO.:Z-7880
negative impact on and not be compatible with the existing single family
neighborhoods to the east,west and south.
F.STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION:(JIJLY 21,2005)
Staff informed the Commission that the applicant requested the application be
deferred to the September 1,2005 Agenda.Staff supported the deferral
request.
With a vote of 11 ayes and 0 nays,the Commission voted to waive their bylaws
and accept the deferral request being less than five (5)days prior to the public
hearing.
The item was placed on the Consent Agenda and deferred.The vote was
11 eyes and 0 nays.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff informed the Commission that the applicant requested the application be
deferred to the October 13,2005 Agenda.Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred.The vote was
11 eyes and 0 nays.
4
September 1,2005
ITEM NO'FILE NO '-5224-J
NAME:Moonlight Fireworks —Conditional Use Permit
LOCATION;7807 Highway 300
OWNER/APPLICANT:Charles Terry and Elizabeth Saugey/Stan Wilhite
PROPOSAL:A conditional use permit is requested to allow a
fireworks stand as a temporary seasonal use on this
1.28-acre tract.The property was rezoned from C-1
to PCD in early 2003.The applicant has indicated a
desire to revoke the PCD,to restore the previous C-1
zoning.
STAFF REPORT:
The applicant failed to respond to issues raised at the June 30,2005 Subdivision
Committee meeting.Staff recommends that the item be deferred to the
September 1,2005 Commission Agenda.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The applicants were not present.There were no objectors present.Staff
presented the item and recommended that the item be deferred to the
September 1,2005 Agenda.There was no further discussion.The item was
placed on the Consent Agenda and deferred by a vote of 11 ayes,0 noes and
0 absent.
STAFF REPORT:
On August 18,2005,the applicant contacted staff and requested that the item be
deferred to the October 13,2005 Commission meeting.The applicant has
submitted responses to the issues raised at the June 30,2005 Subdivision
Committee meeting.Staff supports the deferral request.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicants were not present.There were no objectors present.Staff
informed the Commission of the applicant's deferral request.There was no
further discussion.The item was placed on the Consent Agenda and approved
for deferral to October 13,2005.The vote was 11 ayes,0 noes and 0 absent.
September 1,2005
ITEM NO H FILE NO '-7884
NAME:First Assembly of God Outreach Center—
Conditional Use Permit
LOCATION:2914 Cumberland Street
OWNER/APPLICANT:First Assembly of God North Little Rock/
J.C.Jay Martin
PROPOSAL:A conditional use permit is requested to allow for
expansion of the existing church outreach center on
this R-4 zoned property.
1.SITE LOCATION:
The site is located on the west side of Cumberland Street,south of East
29'"Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located at the southern fringe of the South Little Rock
Neighborhood.The blocks south of 29 Street west of this site are
characterized by a scattering of single-family residences,vacant lots and
boarded structures.Housing Authority developments are located to the
east and to the north,across 29"Street.Industrial uses are located just
to the south,at the end of Cumberland.Other uses in the overall area
include a Head Start Center,a neighborhood convenience store and
several churches.Allowing the proposed expansion to this existing
church operated facility should not affect the facility's continued
compatibility with the neighborhood.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Meadowbrook and
Community Outreach Neighborhood Associations were notified of this
request.
3.ON SITE DRIVES AND PARKING:
The site currently has 5 parking spaces and a single driveway onto
Cumberland Street.A second driveway and an additional 4 parking
spaces are proposed.The facility is designed to provide services for the
immediate neighborhood and staff believes the parking will be adequate.
There is ample on-street parking also available in the area;if needed on
occasion.
September 1,2005
ITEM NO H Cont FILE NO '-7884
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Buffer Ordinances is required.
The width of the proposed on-site street buffer along Cumberland Street
is less than the 8 feet g-inch minimum allowed by the Zoning Ordinance.
Areas set aside for landscaping meet with Landscape Ordinance
minimum requirements.
A six-foot high opaque screen,either a wooden fence with its face side
directed outward,a wall,or dense evergreen plantings is required along
the sites northern,southern and western perimeters.
These requirements take into account the reductions allowed within the
designated mature area of the city.
5.PUBLIC WORKS COMMENTS:
1.Sidewalks with appropriate handicap ramps are required in
accordance with Section 31-175 of the Little Rock Code and the
Master Street Plan as indicated on the plans.
2.Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.As indicated,all driveways
are to be concrete aprons.
3.Stormwater detention ordinance applies to this property.The project
would qualify for a contribution in-lieu of construction at the time of the
building permit.
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.
2
September 1,2005
ITEM NO.H Cont FILE NO '-7884
Fire Department:Approved as submitted.
County Planning:No Comments.
CATA:A CATA Bus Route is located to the west of this site,at 29'"and
Main Streets.
SUBDIVISION COMMITTEE COMMENT:(JUNE 30,2005)
Jay Martin and Bill Darby were present,representing the application.Staff
described the proposed conditional use permit.Staff noted that additional
information relating to building design,building capacity,signage and lighting
needed to be provided.Staff also noted that any dumpster/trash pick-up area
with screening needed to be shown on the site plan.
The proposed new driveway from Cumberland Street was briefly discussed.
Mike Hood,of Public Works,noted that the driveway width as shown on the
proposed plan would be acceptable.Mr.Hood also explained that additional
sidewalk construction would be required.
The landscape/buffer issues were briefly discussed.Bob Brown,of the Planning
Staff,noted the new ddiveway and parking conformed to the ordinance buffer
requirements.
After the discussion,the Committee forwarded the application to the full
Commission for final action.
STAFF ANALYSIS:
The First Assembly of God Outreach Center is located on the R-4 zoned
property at 2914 Cumberland Street.The Center consists of a single,one-story,
2,400 square foot building and a paved,5-space parking lot.The applicant
proposes to expand the building with a 1,600 square foot addition and to add 4
more paved parking spaces.The use of the property will not change.
The Center is operated by the First Assembly of God,North Little Rock,for the
use and benefit of the surrounding neighborhood residents.Most programs are
directed at the neighborhood's young people but some activities serve neighbors
of all ages.Programs include mentoring,youth and children activities,meals,
neighborhood visits and clean-ups,bible studies and food,clothing and school
supplies give-a-ways.
3
September 1,2005
ITEM NO H Cont FILE NO '-7884
On July 5,2005,the applicant responded to questions raised at Subdivision
Committee.Signage is to consist of the existing wall sign only.Lighting consists
of a motion sensor light on the front of the building and street lights.Maximum
capacity in the building is about 100 persons.Landscape areas for the new
parking lot exceed ordinance standards.
Staff is supportive of the proposed expansion.The Center provides needed
service to residents of this neighborhood.Staff believes the facility is compatible
with uses in the neighborhood.Although the site will have only 9 parking spaces,
most persons who attend the facility will be walking from the surrounding
neighborhood.There is also ample on-street parking available in the immediate
vicinity.
STAFF RECOMMENDATION:
Staff recommends approval of the application subject to compliance with the
comments and conditions outlined in Sections 4,5 and 6 of the agenda staff
report.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The applicants were not present.There were no objectors present.Staff
informed the Commission that the applicants had failed to comply with the notice
requirement and the item needed to be deferred.
The item was placed on the Consent Agenda and approved for deferral to the
September 1,2005 Agenda by a vote of 11 ayes,0 noes and 0 absent.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicants were 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 11 ayes,0 noes and 0 absent.
4
September 1,2005
ITEM NO.:I FILE NO.:LU05-08-02
Name:Land Use Plan Amendment-Central City Planning District
Location:Between 14130 and Roosevelt Rd.,from Dr.Martin Luther King Jr.
Dr.and Woodrow
Receuesti Single Family,Mixed Office Commercial,Mixed Use,Commercial,
and Industrial to Single Family,Low Density Residential,
Multifamily,Mixed Use,Public institutional,Neighborhood
Commercial,Commercial,and Light Industrial.
Source;Staff
PROPOSAL I RE VEST AND EXISTING CONDITIONS:
A rezoning request was made just east of Centennial Park,which was in conflict
with the Plan in mid-2004.Staff,when reviewing the request,noted that the
Central HighIWright Avenue area had not had a Land Use Plan Review in over a
decade.Therefore,staff under took a clean-up review of the area.The following
Plan changes are the result of this review with the Neighborhood Associations
and Major Institutions in the area contacted throughout the process for
suggestions and comment.All the proposed changes are in the Central City
Planning District.
In the Capitol Hill Addition/Central High School section of the study area there
are four changes.The first is north of 10th Street and east of the railroad from
Industrial to Light Industrial.Light Industrial classification represents light
warehousing,distribution and storage uses or other industrial uses in a well-
designed 'park like'etting.The existing uses in this area are warehousing,with
a 'salvage yard'nd church.The zoning is primarily '1-2'ight Industrial.The
current Land Use Plan recognizes the 1-2 zoning with an Industrial designation.
The use and zoning to the east and southeast is single-family.To the north is
the State Capitol complex shown Public Institutional.
The second area is a change from Industrial,Open Space and Single Family to
Mixed Use,south of 10 Street along the east side of the railroad.The Mixed
Use classification represents a mixture of residential,Office and Commercial
uses with a Planned Zoning District required if it is not totally residential.The
existing uses in the area are vacant land and single-family homes.The primary
zoning is 1-2 and 'R-4'wo family residential with some 'R-3'ingle-family.The
current Land Use Plan recognizes most of the 1-2 as Industrial with an Open
Space Strip to buffer and stop the industrial from the single family to the east.
To the east is single-family use and zoning;to the north is industrial zoning and
primarily light industrial use;to the south is commercial zoning and use.
September 1,2005
ITEM NO 'Cont FILE NO 'U05-08-02
The third area is also along the east side of the railroad between 13a Street and
Daisy Gatson Bates Drive.The proposal is to change from Industrial to Mixed
Use.The Mixed Use classification represents a mixture of Residential,Office
and Commercial uses with a Planned Zoning District required if it is not totally
residential.The existing use is vacant and an auto repair business,with a
zoning of I-2.The current Land Use Plan designation is Industrial.To the east,
north,and south are single-family areas —zoning,land use and planned.
The fourth area is along the south side of 12a Street from Park east of Dennison
Street.This change is from Single Family to Mixed Use.The Mixed Use
classification represents a mixture of Residential,Office and Commercial uses
with a Planned Zoning District required if it is not totally residential.The existing
use is commercial businesses and a vacant lot.The area is zoned 1-2,
'C-3'eneralCommercialandR-4.The current Land Use Plan designation is Single
Family.The use in all directions is single-family with most of the area zoned R-3.
In the Centennial Addition/Children's Hospital section of the study area there are
seven changes.The first area is along the west side of Summit from 15"Street
south of 18 Street.The change is from Single Family to Multifamily Residential.
The Multifamily classification represents residential development of ten to thirty-
six dwelling units per acre.The existing uses are multifamily structures,with one
single-family structure and a funeral home.The current zoning pattern is
'R-5'rban
Residential,'0-3'eneral Office,R-3,and 'PDR'lanned Development
Resident.The current Land Use Plan designation is Single Family.The uses to
the north,south,and west are single family with most of the area zoned R-3.To
the east is a city park zoned 'PR'ark Recreation.
The second area is generally between Daisy Gatson Bates Drive and 13a Street,
from Wolfe to Battery.The change is from Single Family to Low Density
Residential.The Low Density Residential classification represents a broad
range of housing types from single family to attached housing to multifamily with
a density of 6 to 10 units.The existing use is a mix of duplexes,four to six unit
apartments,single-family and vacant lots.The predominate zoning is R-4 with
some R-5,R-3 and PDR zoning.The current Land Use Plan designation is
Single Family.The uses to the south and west are single-family with a zoning
generally of R-3.To the north is land owned by Arkansas Children's Hospital
and zoned C-3.To the east is land zoned 'PDO'lanned Development Office
and PRD for apartments and offices in the former Westside Junior High school
building.
The third area is along the east side of Bishop between 10a and 11a Streets.
The change is from Mixed Office Commercial to Public Institutional.The Public
Institutional classification represents public or quasi-public facilities such as
schools and hospitals.The existing uses are offices related to Arkansas
Children's Hospital with a zoning of 0-3.Uses to the north and west are
2
September 1,2005
ITEM NO I Cont FILE NO 'U05-08-02
Arkansas Children's Hospital related and are zoned '0-2'ffice and Institutional.
Uses to the east and south are a mix of office and commercial with zoning of C-3
and 0-3.
The fourth area is the intersection of Daisy Gatson Bates and Martin Luther King
Jr.Drives.The change is from Mixed Use to Neighborhood Commercial.The
Neighborhood Commercial classification represents limited small-scale
commercial developments in close proximity to a neighborhood,providing
service and goods to that neighborhood.The existing uses in the area are small
retail businesses and a vacant lot.The current zoning is C-3.The uses to the
southeast,southwest,and northeast are primarily single family with zoning to the
northeast and southeast R-4 and southwest R-3.To the northeast is the
Children's Hospital ownership zoned 0-2 and 0-3.
The fifth change is either side of Martin Luther King Jr.Drive between Daisy
Gatson Bates Drive and 16a Street.The change is from Mixed Use to Single
Family.Single Family Use designation represents single-family homes at
densities not to exceed six dwelling units per acre.The existing uses in the
change area are single family with a zoning of either R-4 or R-3.The uses to the
east and west are single family with R-4 zoning to the east and R-3 zoning to the
west.To both the north and south at the intersections are commercial
businesses with a zoning of C-3.
The sixth change is the northeast,northwest and southeast corners of the Martin
Luther King Jr.Drive —16 Street intersection.The change is from Mixed Use to
Neighborhood Commercial.The Neighborhood Commercial classification
represents limited small-scale commercial developments in close proximity to a
neighborhood,providing service and goods to that neighborhood.The existing
uses in the change area are small retail businesses zoned C-3 and R-3.Uses to
the east,north,southeast and northwest are single-family with zoning of R-4 to
the east and R-3 to the west.To the southwest is the Arkansas Baptist College
campus with a zoning of R-4.
The seventh change is the northeast corner of the 17a Street-Martin Luther King
Jr.Drive intersection.The change is from Mixed Use to Public Institutional.The
Public Institutional classification represents public or quasi-public facilities such
as schools and hospitals.The existing use in the change area is college offices
with a zoning of R-4.The uses to the east and south are single-family with a
zoning of R-4.The uses to the west are the college campus zoned R-4.To the
north are retail uses zoned C-3.
The final area of changes is in the area South of Wright Avenue and consists of
three changes.The first change is along Wright Avenue at Summit.The
proposal is to change an area of Mixed Use to Single Family use.Single Family
use designation represents single-family homes at densities not to exceed six
dwelling units per acre.The existing use is single family and the zoning is R-4.
3
September 1,2005
ITEM NO 'Cont FILE NO LU05-08-02
The uses to the north and south are single-family with R-4 zoning.To the west is
also single-family with both R-3 and R-4 zoning.To the east of the area is zoned
C-3 and the use is small retail businesses.
The second change area is either side of Wright Avenue from Marshall to Wolfe.
The proposed change is from Mixed Use to Commercial.The Commercial
classification represents a broad range of retail and wholesale sales of products,
personal and professional service and general business activities.The existing
uses in the area are commercial business and a mosque,with a zoning of C-3.
To the north and south are single-family use areas with a zoning of R-4 and R-3.
Both to the east and west are retail businesses zoned C-3.
The third change area is along Roosevelt Road between Battery and Wolfe.The
proposal is to change an area of Single Family to Public Institutional.The Public
Institutional classification represents public or quasi-public facilities such as
schools and hospitals.The existing use of the area is a church with a zoning of
R-4.To the east and south are single-family use areas zoned R-4.To the west
is a school zoned R-4 and to the north is a daycare center zoned 'PCD'lanned
Commercial Development.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On January 4,2000,a change was made from Single Family to Mixed Use at
2311 Spring Street over half a mile to the east of the study area to accommodate
proposed development.
MASTER STREET PLAN:
In the area Roosevelt Road is shown as a Principal Arterial with a special design
standard on the Plan.Principal Arterial primary function is to move vehicles and
goods through the area connecting major generators and activity centers within
the urban area.Roosevelt is proposed to have a 70-foot right-of-way with a
four-lane section and five lanes at major intersections with an additional right-of-
way of 80 feet.
Wright Avenue is shown as a Minor Arterial with a special design standard on the
plan.Minor Arterial primary function is to move vehicles in and around an urban
area.Wright Avenue is proposed to have a 60-foot right-of-way with a three-lane
section and additional requirements at major intersections.
Dr.Martin Luther King Jr.Dr.,Dais~Gatson Bates Drive,Battery (from I-630 to
Daisy Gatson Bates Drive)and 12'treet from Battery west are shown on the
Plan as Collectors.Collectods primary function is to move vehicles from Local
Street to the Arterial system.Their secondary function is to provide access to
4
September 1,2005
ITEM NO.I Cont FILE NO.:LU05-08-02
adjacent property.Additional right-of-way may be required on some or all of
these roads.
BICYCLE PLAN:
The plan shows Class I and II Routes through the area of the Land Use Plan
changes.A Class ill Route uses the existing roadway with the bicycle sharing
the road with automobiles.A Class II Route uses the existing roadway with a
portion of the road exclusively for bicycles.In both cases no additional right-of-
way or paving should be required.
PARKS:
The Little Rock Parks and Recreation Plan of 2001 shows that this area means
the 8-Block standard for recreational opportunities —park and open space.
Centennial,Ninth Street and Barton Parks provide recreation opportunities in the
study area along with school sites and private facilities.
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:
A rezoning request was made in mid-2004 to reclassify an existing apartment
building on Battery using the Planned Zoning District process.In the review,
staff noted the Land Use Plan showed Single Family for the property as well as
several other properties currently occupied by and/or zoned for multifamily use.
Since the Land Use Plan had not been reviewed in over a decade for this sub-
area of Little Rock,Staff undertook a review of the Land Use Plan in August
2004.The first step of this review was to contact the three neighborhood
associations in the area as well as the major institutions.This contact was made
in September 2004.Each group was asked for recommendations,which they
might have to change or update the Plan.By mid-October 2004 none of the
groups had contacted Staff with any suggestions for changes to the Land Use
Plan.
5
September 1,2005
ITEM NO I Cont FILE NO 'U05-08-02
Staff continued to review the area and identified several changes thought to be
mostly 'clean-up'.In a few cases Staff identified a change meant to encourage
a use change where physical changes had occurred,in an attempt to create a
better use mix in the general area.These changes were mapped and a second
letter with the changes was sent to the same groups in mid-November 2004.In
addition the owners of property directly affected by the proposed changes were
sent letters on December 1,2004.Staff received comments through mid-
January 2005.
The Central High Neighborhood Association asked Staff to come to their January
meeting (January 11,2005).At this meeting staff reviewed the proposed
changes and there was some discussion about two of the changes as well as the
process.The group asked for and was granted two additional months to review
the documents and make comments.This time was given to the other groups
via mailed correspondence.After almost two months,by phone,Central High
Neighborhood Association asked for two additional months to get comments in.
This request was granted.
During this review time additional comments and suggestions were received from
other individuals.These included two additional areas for changes:one on
Bishop between Daisy Gatson Bates Drive and 15 Street from Single Family to
Commercial;and the other on 23"Street between Wolfe and Bishop from Single
Family to Public Institutional.Three areas were requested to be removed from
consideration for a change.These are:east of Jones between 16 and 17a
Streets,a change from Industrial to Mixed Use;Daisy Gatson Bates Drive from
Marshall to Bishop Streets,a change from Public Institutional to Mixed Office
Commercial;and the southeast corner of 11'"and Bishop Streets,a change from
Mixed Office and Commercial to Public Institutional.
Staff reviewed the areas considering the information provided.From this
analysis the three areas requesting no change were reviewed.However Staff
could not justify adding the new change areas to the package.The Bishop site is
mid-block surrounded by single-family and no traditional commercial structures
located along this locate residential street.The 23"Street site is also mid-block.
While the church is across the street on the south side of the street there are
existing homes either side of requested ownership change.A change of one
vacant lot surrounded by homes seems premature —a specific development in
the future may warrant a change but not a small unknown possible development
adjacent to these existing homes.
A revised package of changes was developed in May of 2005.Staff did remove
and alter several of the proposed changes due to comments and suggestions
received.The Central High Neighborhood Association invited Staff to their June
meeting (June14,2005).There was discussion again about the changes,but no
agreement or disagreement with the proposal.The final package was developed
6
September 1,2005
ITEM NO I Cont FILE NO LU05-08-02
for the Commission's review.Most of the changes are those which staff believes
are clean-up (to more accurately reflect existing land use,zoning and mostly
future use of the land).These are as follows:
The area along the east side of the railroad tracks from 7'"to 10 Streets is
currently zoned 1-2,with several small warehouses,a salvage yard and vacant
land.Single Family homes are to the east and the State Complex is to the
northeast.With the existing street pattern,traffic can flow to either 7'r 12a
Streets,however the access to Woodrow has been removed.The current Plan
had shown this area for Industrial.Industrial could result in manufacturing and
distribution uses which would result in large and more truck traffic through the
area.With the existing use and zoning pattern,together with impacts on the
surrounding neighborhood a more realistic and desirable future use pattern is
Light Industrial for this land.
The area along 12a Street from Dennison to Park is already zoned Commercial
(C-3)and Industrial (l-2),with commercial uses.The current use of the land is a
strip center,a commercial building with a 'bike'lub and other retail uses and a
parking lot.The Plan had shown this area for Single Family use.With the
existing use and zoning pattern a more realistic future use pattern is Mixed Use
for this land.
Bishop Street from 12 to 13"Streets is land owned by Arkansas Children'
Hospital and currently used by the hospital and zoned for office use,0-3.The
hospital's future plans show the land to be used for medical and research uses
by the hospital.Thus while Mixed Office Commercial may be the general use
pattern Public Institutional would be more informative for those who might use
the Plan to make decisions about other properties.This change is intended to
reflect the long-range plan for the hospital property.
The area between Daisy Gatson Bates Drive and 13 Street from Wolfe to
Battery Streets is currently more dense than Single Family.It is primarily
duplexes and buildings with four to six units.The zoning ranges from R-3 to R-5,
with most of the area zoned for more than single units.Based on the existing
use and zoning pattern,the current Plan showing Single Family for this area
miss-represents the current and likely future development pattern of the area.A
change to Low Density Residential is more representative of both the existing
conditions and likely future development of the area.
The intersections of Martin Luther King Jr.Drive with both Daisy Gatson Bates
Ddive and 16 Street are currently zoned C-3 General Commercial with existing
small retail businesses.The current Plan shows Mixed Use.However with the
existing zoning and use pattern it is not likely that residential use would be
introduced while office use is possible,it is more likely that the intersections will
continue to be commercial in nature.Thus a change to Neighborhood
7
September 1,2005
ITEM NO I Cont FILE NO LU05-08-02
Commercial is more reflective of the existing and likely future development
pattern of both of these intersections.
The area along Martin Luther King Jr.Drive between these two intersections
consists of single-family homes,zoned R-4 and R-3.The homes are in good
condition and there is no reason why they should not continue to be single-family
homes.A change from Mixed Use to Single Family would help re-enforce the
current conditions and discourage stripping of Martin Luther King Jr.Drive.
A lot at the northeast corner of Martin Luther King Jr.Drive and 17a Street is the
former President's home for Arkansas Baptist College.The building is now used
for college related office space.A change in the Plan from Single Family to
Public Institutional would be more representative of the current and likely future
use of the land.
The properties along the west side of Battery from 15a Street south of 16 Street
are Multifamily in design and use,except for two.One of these is zoned R-5
(Multifamily)but used for a single-family home,the other is a funeral home.
Based on the existing uses and zoning pattern it is unlikely that these properties
will become single family.A change to Multifamily would be more reflective of
the current and likely future development pattern of these tracts.
The area between 13a Street and Daisy Gatson Bates Drive east of the railroad
tracks has one business (an auto repair business)with the remaining land
vacant.The area is zoned 1-2 and shown as Industrial on the Plan.The
surrounding area is single family.The current business is commercial not
industrial and a designation of Mixed Use might encourage the vacant area to be
more compatible with the neighborhood than a true industrial use would be.This
change both reflects the less intense current use and is trying to encourage any
new development to be more 'neighborhood friendly'.
The eastern end of the Mixed Use area along Wright Avenue at Summit is
actually single-family houses.The homes are oriented to the side street.Since
the area is used and zoned for residential,a change to Single Family from Mixed
Use would better reflect the current and likely future development pattern of the
land.
A stretch of Mixed Use along Wright Avenue from Wolfe to Marshall is actually
zoned C-3 and used for businesses.There is a mosque in a former movie
theater in the stretch as well.Based on the current use and zoning pattern,it is
unlikely that residential will be introduced on this stretch of Wright Avenue.A
more likely future development pattern is a continuation of commercial uses.
8
September 1,2005
ITEM NO I Cont FILE NO 'U05-08-02
Along the north side of Roosevelt Road from Battery to Wolfe Streets there is an
existing Church.A change to Public Institutional from Single Family would better
reflect the current and likely future development pattern of this land.
The remaining change in the package is not designed to reflect the current use
and zoning pattern.It is intended to try to encourage future development
pattern,which might be more compatible with the neighborhood than what the
existing Land Use Plan would allow.This change is in the Capitol Hill Addition
area.It issouthof10'treetbeyond11 Streetandeastoftherailroad.With
the removal of access across the railroad at 10'treet,this area is not as
desirable for industrial uses.The zoning is mostly 1-2 and RX.The Mixed Use
designation would allow for office,commercial,residential or a mix of any or all of
these uses.The Planned Development process would have to be used.This
would help assure that any new development was compatible with the
neighborhood to the east and south.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Capitol Hill,
Central High and Wright Avenue Neighborhood Associations.In addition
notices were sent to over one hundred owners of property included as part of this
request.Staff has received four comments from area residents,and all were
neutral.
STAFF RECOMMENDATIONS:
Staff believes the changes better reflect the likely future development pattern of
the area.
PLANNING COMMISSION ACTION:(JULY 21,2005)
The item was placed on consent agenda for deferral to September 1,2005 in
order to allow for the legal advertisement of two additional changes.The two
changes are,Single Family to Commercial along Bishop and Single Family to
Public institutional along 23rd Street.By a vote of 11 yes and 0 no the consent
agenda was approved.
STAFF UPDATE:
There are two changes added to the Staff generated package previously
prepared for review.These had been made by property owners and originally
not included by staff as noted in the analysis section above.At the request of
9
September 1,2005
ITEM NO 'Cont FILE NO LU05-08-02
the Commission these two changes have now been advertised so that the
Commission may decide if they are appropriate.Staff received both requests in
January.
The Greater Archview Baptist Church at 1720 West 23"Street requested that a
lot they own on the south side of 23"Street be changed to Public Institutional
indicating the Church's use.Lot 3 Block 16 of Fleming and Bradford Subdivision
is mid-block and currently vacant.The Church is located along the north side of
23 Street from Wolfe to Marshall.It is shown on the Plan as Public Institutional.
The Church and all the surrounding lots are currently zoned 'R-4',Duplex.
Along the south side of 23"there are three homes and three vacant lots.The lot
in question is mid-block with homes to the west and adjacent to the east.The
Church will not be able to develop the site in question without rezoning the lot in
question.The City of Little Rock rarely shows proposed church sites on the
Land Use Plan and offen does not recognized churches smaller than a half block
on the Land Use Plan.
In Staffs previous review and decision not to include this site all these issues
were factored in.This is one 5000 square foot lot mid-block and not developed.
Religious institutions are appropriate in neighborhoods to serve them.But until
the exact nature of the development where its impacts on existing homes to the
east and west can be determined,Staff has felt a change would be premature.
The second change was made by Mr.Charles Hicks and consists of three lots
mid-block along Bishop between Daisy Gatson Bates Drive and 15 Street.The
request is one vacant lot on the west side of Bishop and one singe-family house
and a vacant lot on the east side of Bishop.The change is from Single-Family to
Commercial.Most of the block is zoning 'R-3',Single Family with one lot zoned
POD at Daisy Gatson Bates and one lot zoned 'RR',Duplex at 15 Street.
There are existing single-family homes on seven of the twelve lots,four vacant
lots and a house converted to include a bail bond office.A community garden is
also in the area.
As noted in the original analysis section,there is no existing commercial zoning
or uses on this block.The zoning of the lots in question will remain 'R-3'ingle
Family.
Most of the commercial uses and zoning is along Martin Luther King at Daisy
Bates and 16a Streets.Both of these areas were in the package to change to
Neighborhood Commercial.This is a developed residential street.A change to
Commercial would open the possibility for a wide vadety of commercial uses with
a rezoning.Since the lots in question are mid-block further requests for
commercial would likely follow.
Staff recommends the approval of the original package and the denial of the two
requested additions.
10
September 1,2005
ITEM NO I Cont.FILE NO 'U05-08-02
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Walter Malone,Planning Staff,presented the item to the Commission.After
review of the basic amendment package and process used,Mr.Malone
reviewed the two amendments added at the request of property owners —one on23"Street and one on Bishop.Staff has received a petition opposed to the
Bishop change and one call against the 23 Street change.The Staff
recommendation is approval to the package but denial of the two additional
changes.Staff would like three votes on this item one for each additional area
and one for the package.There was some discussion about the process used
for amendment packages generated by Staff.
Obray Nunnley,representative for the two additional areas was recognized.
Mr.Nunnley indicated at first he too could not see the appropriateness of the
change in the 1400 block of Bishop.But the proposal is to build a Banquet and
community facility with a residential architecture.This land backs-up to
commercial uses.Unless one were to go into the facility,one would not know
that it was not residential.Mr.Nunnley passed around a drawing of a proposed
development.Several Commissioners expressed concern about changing the
Land Use Plan based on these drawings;maybe a change was 'premature'.It
was expressed that the basic Land Use ClassiTication was not seen as a positive
change,but a specific use might be acceptable to the Commission.
Mr.Nunnley next presented the 23 Street change request.This request has
been made so that at such time as the church is ready to use the land,the
Classification will already be in place.Mr.Nunnley described the surrounding
uses.Again several on the Commission expressed concern about making the
change with out a specific use in mind.
Mr.Eddie Wren,resident,spoke against the proposed change in the 1400 Block
of Bishop.He indicated this was a 'tight'eighborhood and that the proposed
change would not be good.It would not fit with the neighborhood.
After some additional discussion Commissioner Rector moved the approval of
the 23"Street change (SF to Pl).By a vote of 0 for,10 against and one absent
(Floyd),the motion failed.Next Commissioner Rector moved the approval of the
change in the 1400 Block of Bishop (SF to C).By a vote of 0 for,10 against and
one absent (Floyd),the motion failed.Next Commissioner Rector moved the
approval of the Base Amendment Package.By a vote of 10 for,0 against and
one absent (Floyd),the motion was approved.
11
September 1,2005
ITEM NO'FILE NO LU05-20-05
Name:Land Use Plan Amendment -Pinnacle Planning District
Location:Northwest Corner of Highway 10 and Little Rock Christian
Academy Entrance
~Re uest:Single Family to Mixed Office Commercial
Source;Tim Daters,White-Deters and Associates
The applicant has requested a deferral to the July 7,2005 agenda.Staff
supports this request.
PLANNING COMMISSION ACTION:(MAY 26,2005)
The item was placed on the consent agenda for deferral to the July 7,2005
Planning Commission meeting.A motion was made to approve the consent
agenda and was approved with a vote of 10 eyes,0 noes and 1 absent.
PROPOSAL/REQUEST:
Land Use Plan amendment in the Pinnacle Planning District from Single Family
to Mixed Office Commercial.The Mixed Office Commercial category provides for
a mixture of office
and commercial uses to occur.Acceptable uses are office or mixed office and
commercial.A Planned Zoning District is required if the use is mixed office and
commercial.The applicant has applied for this change to facilitate unspecified
commercial,and office uses.Staff is not expanding this application because
the area has been reviewed several times in the last few months.
EXISTING LAND USE AND ZONING:
The property is developed with a small outbuilding and adjacent to an academic
campus and ball fields currently zoned R-2 (Single Family Residence District)
and outlined in an existing CUP (Conditional Use Permit)for future expansion of
an adjacent academic campus.The property is 5 acres x in size North of the site
is land zoned R-2 partly developed with a school and single family homes on
large lots.This property is currently part of an approved CUP for the Little Rock
Christian Academy future school expansion.Northeast and east of the family is
zoned R-2 with a CUP (Conditional Use Permit)for the operation of the Little
Rock Christian.Further east is undeveloped land zoned 0-1 (Quiet Office
District).Southeast of the property is land zoned R-2 and developed with a
single family subdivision.Immediately south of the property and on the south
September 1,2005
ITEM NO J Cont FILE NO 'U05-20-05
side of Cantrell Road is an area zoned R-2 with a CUP for The Bible Church.
Southwest of the property is land zoned C-3 (General Commercial District)and
developed with a Wal-Mart Supercenter.West of the property is land zoned C-3
and R-2 developed with single family homes on large lots and an electrical
substation,respectively.Northeast of the property are undeveloped lands zoned0-3 (General Office District)and MF-18 (Multifamily District).
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On April 5,2005 a multiple changes were made within a one-mile radius of the
property.The land immediately north of the application area and the applicant's
property was changed to Public Institutional to represent an existing CUP.One
quarter mile west of the site changes were made to Commercial,and Suburban
Office to recognize adjacent land uses.About three quarters mile west of the
site changes were made to Low Density Residential,Single Family and
Suburban Office for future development.Immediately south of the application
was changed to Public Institutional to recognize an existing CUP.Approximately
one mile east of the site at Ranch Boulevard changes were made to Commercial
and Public Institutional to reflect existing conditions.
On February 17,2004 five parcels of land were changed in the area of Chenal
Parkway,Highway 10,and Highway 300.This eliminated land shown as Single
Family and added land shown as Office,Commercial,Open Space,and
Multifamily west of the property in question.The reasons for this change were to
accommodate future development to create an orderly transition of use
intensities between the Commercial and Single Family areas.
On January 2,2002 three changes were made to the Land Use Plan at three
locations in the area.All changes resulted in the loss of Single Family and
resulted in the addition of Commercial north and east of Northfield Road
(Chalamont Road)and Chenal Parkway,Suburban Office south and east of
Northfield Road (Chalamont Road)and Chenal Parkway including the first
transmission line easement,and Park/Open Space for the remainder of the land
south and east of Northfield Road (Chalamont Road)between Chenal Parkway
and Aberdeen Subdivision.
On March 6,2001 a change was made from Single Family to Commercial to
expanding an existing Commercial area just east of the Highway 10 and Chenal
Parkway intersection to accommodate future commercial development
southwest of the application.
On June 20 2000 the Mixed Office Commercial located east of the site at the
northwest and northeast comers of Cantrell Road and Chenonceau Boulevard
was changed to Commercial for future commercial development.
2
September 1,2005
ITEM NO.:3 Cont.FILE NOJ LU05-20-05
The property is shown as Public Institutional and is surrounded by Public
Institutional except for Commercial on the west.A large Commercial node is
shown at the Highway 10 and Chenal Parkway intersection.Northwest of the
property is are areas shown as Office and Multifamily.South of the property
and on the opposite side of Cantrell Road is additional land shown as Public
Institutional.
MASTER STREET PLAN:
Cantrell Road is shown as a Principal Arterial and is built as a five-lane road
adjacent to the property.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 Cantrell Road since it is a Principal Arterial.
Furthermore,acceleration/deceleration lanes may be required to prevent traffic
conflicts entering and exiting the site.Additional commercial and office uses at
this site could result in added congestion on this section of Cantrell Road.
Cantrell Road may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
BICTCLE PLAN:
A Class II bikeway is shown on Highway 300 between Chenal Parkway and
Highway 10,and on Cantrell Road from Chenonceau Blvd.to the west.A Class
0 Bikeway is a route designated for the sole use of bicycles but is physically
connected to the roadway.The Class II bikeway indicated on Cantrell Road is
adjacent to the property.Additional paving and right of way may be required.
PARKS:
This application is in the West Little Rock Park Planning District.The Master
Parks Plan identifies a lack of public parks in the west Little Rock area and
recognizes private neighborhood parks and recreation facilities as parkland in
the west Little Rock area.The largest park in this area is Taylor Loop Park,
which is a thirty-five acre community park that is undeveloped and approximately
three miles west of the site.Since this application is adjacent to the Little Rock
Christian Academy,near several property owner association parks,and close to
Pinnacle Mountain State Park,recreation activities are available in the area.
The Parks and Recreation Master Plan does not indicate any new proposed
public parks for the area.
3
September 1,2005
ITEM NO J Cont FILE NO 'U05-20-05
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this
amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN;
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
This area is one of Little Rock's faster growing areas of town.Recently
numerous subdivisions have been developed south of Cantrell Road and west of
Chenal Parkway.Also new commercial development is has occurred about a
quarter mile west of the site for Wal-Mart Supercenter,a bank,and a gas station.
These three new developments are part of an approximate 100-acre commercial
node illustrated at the Chenal Parkway -Cantrell Road intersection.Currently
this development is only around 40'/o developed.Approval of Mixed Office
Commercial for this application could lead to a premature eastward expansion of
commercial activities to the west.Approximately 38 acres of Office and 19 acres
of Suburban Office exist at Chenal Parkway and Cantrell Road intersection.
Both office areas are not developed with office uses.
Additional land for Commercial and Office exists less than one half mile east of
the property on Cantrell Road at two different locations.One location includes
approximately 20 acres of Existing Business Node,surrounded by approximately
37 acres of Office and 25 acres of Suburban Office.This Existing Business
Node is developed with businesses in a pattern consistent with the once rural
highway and could be redeveloped.The adjacent Office and Suburban Office
areas are lightly developed and can absorb area office demand.Adjacent to the
Existing Business Node area,at Chenonceau Boulevard,is approximately 67
acres of land shown as Commercial.A majodity of this land is undeveloped and
could absorb any additional demand that might be needed in the area.
As part of the Highway 10 Land Use Review,which concluded in January,this
property,as well as an adjacent property were recommended for change from
Single Family to Public Institutional and supported by the Planning Commission.
Both of these changes were to recognize the Conditional Use Permits of the two
large institutional uses at the eastern edge of the commercial node.These two
institutional have been looked at as a buffer between the commercial area to the
west and lower intensity uses to the east near Maywood Drive.
4
September 1,2005
ITEM NO J Cont FILE NO.:LU05-20-05
This change could introduce the potential of a 4200 foot commercial strip
extending east from approximately Highway 300 to the Little Rock Christian
Academy entrance.Staff does not support the commercial stripping of Cantrell
Road since an abundance of offlce and commercial land exists in the area.The
current institutional use indication is intended to form the eastern edge of an
activity node and prevent the commercial stripping of Cantrell Road.
Recently a preliminary plat was approved west of this site that will create a new
unnamed road running near the west side of the site from Cantrell Road to the
north,curving northwest and following an area shown as Multifamily,and
connecting with Chenal Parkway near an existing Multifamily area developed
with apartments.This roadway will be approximately one mile in length and
provide for connections with an area northwest of the Christian Academy to be
developed as a single family subdivision.Since this application is adjacent to a
Principal Arterial entrances and exits to the site should be minimized to reduce
possible traffic conflicts on Cantrell Road.Staff recommends that access to the
site be off of the new street that will be constructed east of the site.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations Aberdeen Court
Property Owners Association,Bayonne Place Property Owners Association,
Margeaux Place Property Owners Association,Maywood Manor Neighborhood
Association,and Du Quesne Place Property Owners Association.
Staff has not received any comments regarding this application
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate because it could lead to strip
commercial along Cantrell Road
PLANNING COMMISSION ACTION:(JULY 7,2005)
The item was placed on the consent agenda for deferral to the August 18,2005
Planning Commission meeting.A motion was made to wavier the by-laws for
a five-day notice to defer prior to the Planning Commission meeting.That
motion was made and approved with a vote of 9 ayes,0 noes,and 2 recusals.
A motion was made to approve the consent agenda and was approved with a
vote of 9 ayes,0 noes,and 2 recusals.
5
September 1,2005
ITEM NO J Cont FILE NO 'U05-20-05
STAFF UPDATE:
The applicant has not contacted staff regarding the application.The application
remains unchanged.Staff has received three letters of opposition representing
area neighborhood associations.Staff has also received a petition from
residents of Maywood Manor opposing this change.All but three residents
signed this petition.Staff still believes the change is inappropriate.
PLANNING COMMISSION ACTION:(AUGUST 18,2005)
Tim Deters,of White Deters Engineers,representing the applicant asked for a
deferral to the September 1,2005 agenda.A motion was made to defer and
was approved with a vote of 6 eyes,0 noes,3 absent and 2 recusals (Jeff Yates
and Robert Stebbins).
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Brian Minyard,City Staff,made a brief presentation to the commission.
Donna James made a presentation of item J.1 so the discussion could coincide
with the discussion for item J.See item J.1 for a complete discussion concerning
the Planned Commercial Development.
Ruth Bell,Pulaski County League of Women Voters,spoke against the
application noting that the Highway 10 plan calls for nodes of commercial,not
strip commercial along the entirety.She stated that this is an example of
"creeping"commercial.She preferred that the land be developed for school
purposes.
Alicia Finch,of Maywood Manor,spoke against the application and reiterated the
fact that Staff was not in support of the application.She stated that fire and
police services were already stretched.
Mike Hogan spoke in opposition to the application.
Tim Deters spoke in favor of the application.
Brock Martin,speaking for the applicant,stated that the large parcels shown as
Commercial were harder to develop for small developments as these.He spoke
of larger parcels at the Chenal and Cantrell intersections.The lack of an anchor
for the larger developments precluded developing outparcels prior to that point.
6
September 1,2005
ITEM NO 'Cont FILE NO 'IJ05-20-05
Therefore,this site with the smaller acreage was available for development now,
versus the larger sites,which would be available later.
A motion was made to approve the item as presented.The item was denied with
a vote of 0 aIres,9 noes,0 absent and 2 recusals.
7
September 1,2005
ITEM NO J 1 FILE NO Z-5079-G
NAME:Highway 10 Development Company Short-form PCD
LOCATION:Located North of Cantrell Road at the Little Rock Christian Academy
entrance
DEVELOPER:
Highway 10 Development Company
425 West Capitol Avenue,Suite 300
Little Rock,AR 72201
ENGINEER:
White-Deters and Associates
24 Rahling Circle
Little Rock,AR 72223
AREA:5.19 acres NUMBER OF LOTS:3 FT.NEW STREET:0 LF
CURRENT ZONING:R-2,Single-family
ALLOWED USES:Single-family Residential
PROPOSED ZONING:PCD
PROPOSED USE;Selected C-3,General Commercial District uses,
Bank and Restaurant
VARIANCES/WAIVERS RE UESTED:None requested.
BACKGROUND:
On December 12,1995,the Planning Commission approved the first conditional use
permit to allow the school,then known as Walnut Valley Christian Academy,to build a
new campus on a 20-acre site.The school was originally approved to have an
enrollment of 1,040 students with a staff of 100.
On June 26,1997,the Commission approved a revision to the conditional use permit
allowing for expansion of the school onto an adjacent 10-acre tract.Enrollment stayed
at 1,040 and employee numbers increased to 110.
September 1,2005
ITEM NO.:J.1 Cont.FILE NO.:ZW079-G
On September 3,1998,the Commission approved a second revision to the conditional
use permit allowing for a change in the phasing plan and an increase in enrollment to
1,100 students.Employee numbers stayed at 110.
On May 11,2000,the Commission approved a third revision to the conditional use
permit allowing for the introduction of a new phase.The site stayed at 30'cres and
enrollment and employee numbers stayed at 1,100 and 110 respectively.
On January 9,2003,the Commission approved a fourth revision to the conditional use
permit allowing for expansion onto an adjacent 20-acre tract;resulting in a total of 50m
acres.The revision allowed for expansion of the school and an increase in student
enrollment and employee numbers to 1,700 and 170 respectively.The plan included
the introduction of several new buildings,a track and practice field,a baseball field and
additional parking.Some of the previously approved buildings were relocated under the
new plan.
The Commission reviewed and approved a revision to the school's site plan at their
February 3,2005,public hearing.The school proposed a revision to the C.U.P.
allowing for a slight increase in student population and building square footage.The
phases for future construction were revised to accommodate the school's current and
projected needs.The student and faculty/staff numbers were proposed as 2,058 and
220 respectively.The total building square footage was proposed to increase from
264,924 square feet to 309,424 square feet.The baseball field was eliminated from the
plan and the practice field and track were relocated from the front of the site to the rear.
There was some slight modification of the driveways and parking.
A 5.19+acre parcel at the southwest corner was removed from the plan (the area of the
current zoning request).There were no specific plans for that parcel,although it was
anticipated that some sort of office rezoning request would be proposed at a later date.
The new driveway was shown as entering the school campus from the west.The
driveway would tie into a new collector street which was to be built west of the campus.
The new street and school access would be constructed to coincide with Phase I of the
campus plan.This new street would be signalized at its intersection with Cantrell Road.
City Staff,the adjacent land owner and the school all agreed to the new plan.Due to
the change in the driveway alignment,a total of 680 parking spaces would be provided
on site.
Below is a summary of the joint access basic design elements agreed to by the parties.
1.LRCA-Pfeifer shared access to a new traffic signal controlled intersection on
Highway 10 at the location Pfeifer has proposed for the collector street
(Northwest Territory Parkway).This would be without affecting the location of
the existing Wal-Mart truck drive on the south side of Hwy.10.The traffic signal
operation would utilize what is termed as "split-phasing",with the north and south
legs operating as distinct separate signal phases.This will permit dual left-
tuming movements southbound to eastbound onto Hwy.10.This will also allow
left turns from the Wal-Mart truck drive to be served by the traffic signal,but
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September 1,2005
ITEM NO.:J.t Cont FILE NO '-6079-G
green time would only be called for northbound to westbound left turn vehicle
demand (northbound right turns would be in available gaps with right-turn-on-
red).
2.LRCA Drive would be constructed to a 4-lane width and intersect Northwest
Territory Parkway approximately 500 feet north of Hwy.10.As necessary,LRCA
will employ off-duty police officers to direct traffic at the intersection of Northwest
Territory Parkway and LRCA Drive.
3.Future east-west commercial drive access to Northwest Territory Parkway will be
ermitted at approximately 250 feet north of Hwy.10 (subject to working out the
ntergy ownership issue)to serve the out parcels on the south edge of the
LRCA site.
4.Northwest Territory Parkway would be constructed to a 4-lane width north from
Hwy.10 to some distance past the proposed Northwest Territory Court
intersection to the west.This will allow separate (side-by-side,opposite-
direction)leR turn lanes to Northwest Territory Court and to LRCA Drive so there
is no center leR turn lane use conflicts in the offset area between the two
intersections.Alternately,Northwest Territory Court could be re-aligned to
intersect Northwest Territory Parkway further north and thereby provide sufficient
distance between the offset intersections to allow bi-directional left-turn lane
usage.
5.No changes would be made to the existing LRCA Boulevard intersection with
Hwy.10.LRCA would effect all leR in and left out movements at the signal
controlled intersection (Northwest Territory Parkway intersection with Hwy.10),
not at LRCA Boulevard and Hwy.10 during AM arrival and PM dismissal peak
school periods.LRCA Boulevard and Hwy.10 would not be controlled by off-
duty police officers.
6.The only access to Hwy.10 between Northwest Territory Parkway and
LRCA Boulevard would be a single right-in-right-out access drive to the out
parcels.
Note that all issues related to Hwy.10 access were subject to concurrence by Arkansas
State Highway and Transportation Department.
An annexation request for a 19 acre tract,including the 5.19 acre tract,was approved
by the Little Rock Board of Directors at their May 17,2005,Public Hearing.
A.PROPOSAL/RE VEST:
The applicant is requesting the creation of a three lot plat and a rezoning of a
portion of this 5.19 acre site from R-2,Single-family to PCD.The rezoning
request includes four acres located adjacent to Cantrell Road for proposed
development.The applicant has indicated the remainder of the site will remain
zoned R-2,Single-family and held as a tract to be included with the school
property to the north.
3
September 1,2005
ITEM NO J 1 Cont FILE NO '-6079-G
Little Rock Christian Academy will retain ownership of the 1.19 acre tract,which
is adjacent to the driveway entrance from Cantrell Road.The previously
approved CUP did not include the area adjacent to the entrance driveway and
the applicant has indicated at the time of development Little Rock Christian
Academy will revise their Conditional Use Permit to allow for development of this
1.19acre tract.
The remainder of the site will be developed with two lots each containing two
acres.The lots will share a driveway access from Cantrell Road and will extend
a drive from the northern property line to a proposed roadway located to the west
(Northwest Territory Parkway).The applicant has also indicated there will be no
access to the indicated lots from the Little Rock Christian Academy campus.
The applicant has indicated proposed Lot 2 will develop with a bank and
restaurant facility and has indicated a restaurant will locate on proposed Lot 1.
The applicant has indicated selected C-3,General Commercial District uses as
alternative uses for each of the sites.Those selected uses include:Animal Clinic
(enclosed),Antique shop,with repair,Appliance repair,Auto parts and
accessories,Bakery or confectionery shop,Bank,Barber and beauty shop,Book
and stationery store,Cabinet or woodwork shop,Camera shop,Catering,
commercial,Clinic (medical,dental or optical),Clothing,Community welfare or
health center,Custom sewing and millinery,Drugstore or pharmacy,Duplication
shop,Eating place without drive-in service,Religious,charitable organization,
Feed store,Florist shop,Food store,Furniture store,Group care facility,
Handicraft,ceramic,sculpture,etc.Hardware or sporting goods store,Health
studio or spa,Hobby shop,Hospital,Jewelry store,Job printing,lithographer,
printing,Key shop,Laboratory,Lawn and garden center (enclosure),Library,art
gallery,museum,Medical appliance fittings and sales,Office —general,Office,
showroom with warehouse,Office equipment sales and service,Optical shop,
Paint and wallpaper store,Parking,Pet shop,Photography studio,School
(business),Service station,Shoe repair,Studio (art,music,drama,etc.),Studio
(broadcast or recording),Tailor,Taxidermist,Theater (not drive-in)Tool and
equipment rental (inside),Travel bureau,Ambulance service post,Auto rental or
leasing,Eating place with drive-in service,Glass or glazer,install,repair or sales,
Home center,Landscape service,Lawn and garden center (open display),Mini-
warehouse,Nursing home,Office warehouse,Plant nursery,Tool and equipment
rental (outside),Upholstery shop,furniture.
The applicant has indicated that a full service,sit down restaurant will be
constructed on Lot 1.The applicant has indicated the days and hours of
operation from 6:00 am to 1:00 am seven days per week.Signage is proposed
consistent with the Highway 10 Design Overlay District.
Additional details concerning proposed Lot 2 include the development of Lot 2
with a restaurant not to exceed 3080 square feet.The applicant has indicated
4
September 1,2005
ITEM NO J 1 Cont FILE NO '-6079-G
the hours of operation of the restaurant facility will be similar to those proposed
for Lot 1.Also the proposed banking facility will have a three lane drive through
and detached ATM (to the rear of the project)will be constructed on the eastern
portion of Lot 2.The applicant has indicated the total square footage of the
proposed building will not exceed 3280 square feet.The applicant has indicated
the hours of the banking facility will be from 7:00 am to 8:00 am Monday through
Saturday.
B.EXISTING CONDITIONS:
The site is located in an area of mixed uses and zoning located along Cantrell
Road.The properties to the west contain a variety of uses including residential,
commercial and office.Undeveloped tracts are located directly to the east and
north.The Cantrell/Chenal Intersection is just west of the site.This intersection
includes a mixture of uses,including a Wal-mart Supercenter,convenience store
and mini-warehouse development.A church and a scattering of single-family
homes are located to the south.
C.NEIGHBORHOOD COMMENTS:
The Johnson Ranch Neighborhood Association,the Aberdeen Court Property
Owners Association,the Maywood Manor Neighborhood Association,the
Margeaux Property Owners Association,all property owners located within 200-
feet of the site and all residents,who could be identTiied,located within 300-feet
of the site were notified of the public hearing.As of this writing staff has received
several informational phone calls from area residents.
D.ENGINEERING COMMENTS:
1.The standard conditions shown on the plans as "Public Works Notes"apply
to the project.
2.Show the proposed access drive to the west in relation to the approved
design for Northwest Territory Parkway and access to the school to the north.
Contact Bill Henry (501)379-1815 for approval of new driveway location and
any proposed changes to the design criteria (width of street and access
locations).
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer main extension required,with easements,if service is
required for the project.Contact Little Rock Wastewater at 688-1414 for
additional details.
EnfernEr:No comment received.
5
September 1,2005
ITEM NOJ J.1 Cont.FILE NOJ Z-6079-G
C~t.P I td:APP d h ltt d.
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 connection(s)will apply to this project in
addition to normal charges.This fee will apply to all meter connections
including any metered connections off the private fire system.Additional fire
hydrant(s)will be required.Contact the Little Rock Fire Department to obtain
information regarding the required placement of the hydrant(s)and contact
Central Arkansas Water regarding procedures for installation of the
hydrant(s).This development will have minor impact on the existing water
distribution system.Proposed water facilities will be sized to provide
adequate pressure and fire protection.
~yi C d t:Pl y hyd t F d .C t ~th TDI ~RFI
Department for additional information.
~DPI I:N t.
CATA:As improvements are made to this parcel,CATA request that a bus
turnout be installed along westbound Highway 10 to allow westbound buses
to safely stop on Highway 10 in front of the Academy.A 106-foot (or wider)
paved shoulder would suffice.
F.ISSUES/TECHNICAL/DESIGN:
~PI I Dill:Thl q tl I tdt th Pt I Pl IEDlttd.Th
Land Use Plan shows Single Family for this property.The applicant has applied
for a PCD (Planned Commercial Development)for a three-lot plat and placement
of a restaurant and bank on one of the newly created lots.A land use plan
amendment for a change to Mixed Office Commercial is a separate item on this
agenda.
Master Street Plan:Cantrell Road is shown as a Principal Arterial and is built as
a five-lane road adjacent to the property.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 Cantrell Road since it is a
Pdincipal Arterial.Furthermore,acceleration/deceleration lanes may be required
to prevent traffic conflicts entering and exiting the site.Cantrell Road may
require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
6
September 1,2005
ITEM NO J 1 Cont FILE NO '-6079-G
~hi I Pl:ACI II hlk yl h Illhh yhhhhl Ch
Parkway and Highway 10,and on Cantrell Road from Chenonceau Blvd.to the
west.A Class II Bikeway is a route designated for the sole use of bicycles but is
physically connected to the roadway.The Class II bikeway indicated on Cantrell
Road is adjacent to the property.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.
~Landsca e:The plan submitted does not provide the average 25-foot wide
landscape strip required by the Highway 10 Overlay Ordinance along the sites
northern and eastern periimeters,To meet the Landscape Ordinance,the width
of the eastern perimeter landscape strip will need increase to a minimum width
of 6.75 feet.
A 6-foot high opaque screen is required along the northern and eastern
perimeters of the site.This screen may be a wooden fence with its face side
directed outward,a wall or dense evergreen plantings.
An inigation system to water landscaped areas will be required.
G.SUBDIVISION COMMITTEE COMMENT:(May 5,2005)
Mr.Tim Daters was present representing the request.Staff presented an
overview of the proposed request indicating there were additional items
necessary to complete the review process.Staff stated the indicated site plan
did not provide details concerning proposed signage and the days and hours of
operation of the proposed uses.Staff also stated the indicated lot size did not
comply with the Highway 10 Design Overlay District standard of two acres.Staff
also questioned if the indicated parking was to be shared and stated if this was
the case the parking should be indicated with a cross access and parking
agreement.
Public Works comments were addressed.Staff requested the applicant provide
locations of all drives located on the site extending from the proposed roadway to
the west.Staff stated the new driveway locations should be approved by Traffic
Engineering and suggested Mr.Deters contact Public Works staff to seek that
approval.
Landscaping comments were noted.Staff stated landscaping did not appear to
meet minimum ordinance requirements along the northern and eastern
perimeters of the site.Staff also noted screening would be required along the
northern and eastern perimeters of the site.
7
September 1,2005
ITEM NO:J.t Cont FILE NO 2-6079-G
Staff suggested Mr.Deters contact Central Arkansas Water and Little Rock
Wastewater directly for additional details concerning their individual comments.
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 May 5,2005,Subdivision Committee meeting.The applicant has
indicated total acreage of 5.19 acres with the creation of a two lot plat and a
parcel held as a tract.The applicant has indicated two of the lots will contain
2 acres while the remaining tract will contain 1.19 acres and be combined with
properties to the north held by the school.The applicant has indicated Little
Rock Christian Academy will retain ownership of the tract and the tract will
remain zoned R-2,Single-family.The remaining two lots will be zoned PCD to
allow development of proposed Lot 2 immediately with a bank and restaurant
facility and proposed Lot 1 held for future development.The applicant has
indicated selected uses as allowable uses for proposed Lot 1 and indicated at
the time of development the PCD will be revised to indicate the building footprint
and landscaped areas.
The applicant has indicated all driveways will conform to locations previously
agreed.The applicant has worked with staff to ensure compliance with the
previous conditional of approval.
The applicant has indicated the development of proposed Lot 2 with a bank and
restaurant facility.The applicant has indicated the uses will be served with a
cross access and parking agreement.The applicant has also indicated
55 parking spaces on proposed Lot 2.The typical minimum parking required for
development with a bank and restaurant facility would be 44 parking spaces.
The site plan includes the placement of a dumpster for each of the indicated
businesses.The dumpsters are to be located in the rears of the buildings.The
site plan includes a note concerning the required screening.
The applicant has indicated a single sign to be located on proposed Lot 2.The
applicant has indicated the sign will conform to the Highway 10 Design Overlay
District requirements or six feet in height and seventy-two square feet in sign
area.The applicant has also indicated each of the lots will contain a two acre
minimum as required by the Highway 10 Design Overlay District.
The applicant has not included landscaping to meet the Highway 10 Design
Overlay District.The Overlay typically requires a 25-foot average landscape strip
along the sides and rear of the property.The site plan falls short of this
8
September 1,2005
ITEM NO'1 Cont FILE NO '-6079-G
requirement along the eastern property line as well as the rear property line.The
properties to the east and north are zoned R-2,Single-family and R-2,Single-
family with a CUP.The site plan submitted does not include the required
screening along the eastern or northern property lines.
Staff is not supportive of the applicant's request.The applicant has indicated the
development of the site es a PCD to allow for immediate construction of a bank
and restaurant facility and future development of Lot 1 with selected commercial
uses.The applicant has not met the intent of the Highway 10 Design Overlay
District with regard to landscaping and buffering.In addition this request is
inconsistent with the City's Future Land Use Plan.The applicant has filed a
request to amend the Plan,which is a separate item on this agenda.
Staff feels a commercial development at this location is not appropriate at this
time.There is a commercial node located at the intersection of Cantrell Road
and Chenal Parkway,which currently has vacant property,zoned C-3,General
Commercial District.There are also properties shown on the City's Land Use
Plan for commercial activity,which have yet to develop.
Staff feels this site should allow for a transition between the intense commercial
uses located to the west and the single-family properties to the east.Staff would
support a quiet office or suburban office development on the site,which would
allow this transition to occur.In addition staff feels the development of an
intense commercial activity near the school is not fitting since there could
potentially be traffic conflicts between the two uses.
I.STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION:(MAY 26,2005)
The applicant was present representing the request.There were no registered
objectors present.Staff presented the item stating the applicant had submitted a
request dated May 17,2005,requesting the item be deferred to the July 7,2005,Public
Hearing.Staff stated they were supportive of the deferral 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 deferral.The motion carried by a vote
of 10 ayes,0 noes and 1 absent.
9
September 1,2005
ITEM NO J 1 Cont FILE NO '-6079-G
PLANNING COMMISSION ACTION:(JULY 7,2005)
The applicant was present.There were registered objectors present.Staff stated the
applicant was requesting a deferral of the item to the August 18,2005,public hearing.
Staff stated the deferral request would require a waiver of the Planning Commission
By-laws with regard to the late request for the deferral.
There was no further discussion of the item.A motion was made to waive the
Commission's By-taws with regard to the late deferral request.The motion carried by a
vote of 9 ayes,0 noes,0 absent and 2 Recuse (Robert Stebbins and Jeff Yates).The
chair entertained a motion for placement of the item for inclusion on the consent
agenda for deferral.The motion carried by a vote of 9 ayes,0 noes,0 absent and
2 Recuse (Robert Stebbins and Jeff Yates).
STAFF UPDATE;
Since the July 7,2005,Commission Public Hearing staff has received three letters in
opposition of the proposed request and a petition signed by a majority of the residents
of the Maywood Manor Subdivision.The letters of opposition were received from the
Maywood Manor Neighborhood Association,the Aberdeen Court Property Owners
Association and the Pinnacle Neighborhood Association.The developer has not
proposed any changes to the uses or changes to the proposed site plan.Staff
continues to recommend denial of the request.
PLANNING COMMISSION ACTION:(AUGUST 18,2005)
The applicant was resent representing the request.There were registered objectors
present.Commissioner Stebbins and Commissioner Yates indicated they were
recusing for the discussion and voting for this item.The chair indicated there were
seven voting members currently present.He stated the applicant was typically allowed
a deferral when fewer than nine voting members were present.The applicant
requested a deferral to the September 1,2005,public hearing.A motion was made to
accept the deferral request.The motion carried by a vote of 6 ayes,0 noes,3 absent
and 2 recuse (Commissioners Stebbins and Yates).
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicant was present representing the request.There were registered objectors
present.The applicant's requested land use plan amendment and rezoning request
were discussed simultaneously.Please see Item ¹J (File No.LU05-20-05)for details
concerning the land use plan amendment.Staff presented the item with a
recommendation of denial.
10
September 1,2005
ITEM NO.:J.1 Cont.FILE NO.:2-6079-G
Mr.Brock Martin addressed the Commission on behalf of the applicant.He stated the
request was the expansion of the existing commercial node eastward to encompass
three acres of commercial,one acre of office and one acre to be retained by the school
to become open space or a future office development to be used by the school.He
stated the commercial would not expand beyond the current request since the school's
football field was located along Highway 10 to the east of the existing drive into the
school.He stated the expansion would include 400-feet of commercial area,260 feet
of office area and 630 feet,the football field,of open space.He stated the Commission
had received a letter of support from the school dated May 2,2005.He stated the
developers were looking for a site to develop as commercial to allow a restaurant facility
to locate on the site.He stated the available commercial property located in the area
did not lend itself to development since most of the lands was a part of larger tracts.
Mr.Ken Sutherfield addressed the Commission on behalf of Little Rock Christian
Academy.He stated the development was value added to the school.He stated the
development of the land was a huge investment for the area as well as the school.He
stated the site was located a stones throw from the Wal-Mart Super Center located on
Highway 10.He stated traffic details had been resolved with staff during the previous
approval of the school's overall Master Plan.He stated the new boulevard would allow
access to a future traffic signal in which the proposed development and the school
would share access.He stated the development would only develop with a right-in and
right-out access to Cantrell Road and no direct access between the school and the
proposed commercial development would be granted.
Commissioner Floyd questioned where the need was for the rezoning of additional land
for commercial development.Mr.Martin stated there were commercial lands located in
the area but many were a part of a larger tract that would require an anchor tenant to
allow a smaller development to occur.Mr.Tim Deters added with larger tracts of land it
was difficult to cut-out smaller parcels until an overall development plan was
established for the area.
Ms.Ruth Bell addressed the Commission in opposition of the proposed request.She
stated her concern was the addition of one more small piece or move the line just a little
further to the east.She stated in this case it was only 400 to 600 feet but as each
proposal was approved Highway 10 was being stripped out.She stated the intent of
the Highway 10 Design Overlay District was to allow for a pleasant drive into and out of
the City or at a minimum a less stressful drive to homes located in the area.She stated
commercial nodes were established to allow a stepping down of activities in the area to
allow for residential opportunities.She stated a bank and restaurant sounded intense
and a restaurant was not a use she would like to see located next to a school.She
stated she felt the proposal was not appropriate for the site and requested the
Commission reject the application.
11
September 1,2005
ITEM NO J 1 Cont FILE NO 2-6079-G
Ms.Alicia Finch addressed the Commission as the President of the Maywood Manor
Neighborhood Association.She stated the neighborhood was a viable neighborhood,
which had existed for 30 years.She stated since the existence the neighborhood had
been able to call on each other in times of need.She stated the requested change in
zoning would alter the neighborhood.She stated the land use plan was recently
revised and did not recognize commercial in this area.She stated there were areas
currently zoned for commercial activity located very near the site.She stated she felt
the areas zoned and shown on the land use plan were adequate to serve the needs of
the area.She stated currently there were lands for sale on the east and west sides of
the neighborhood being requested and indicated as potential commercial developable
lands.She stated the increased commercial activity would add to existing congestion
and safety concerns.She stated the existing police and fire protection services in the
area were stretched.Ms.Finch questioned the Little Rock Christian Academy Board as
to the information that had been provided to the members.She stated many of her
friends did not know the activity was occurring and those who did were not supportive of
the sale.
Mr.Mike Cogan addressed the Commission in opposition of the proposed request.He
stated he too felt the moving of the line to the east was not appropriate.He stated
currently it was difficult to exit the subdivision and with the addition of commercial in the
area this would only intensity the current situation.
Mr.Tim Daters stated the property was the classic breaking point for commercial
activity.He stated there was an existing AP &L easement located to the west of the
site and the proposed collector street located west of the easement.He stated the
football field was in place and would not be relocated on the site.He stated the open
space would allow for a buffer for future office and residential developments in the area.
Mr.Daters stated a future fire station was located just to the north of the site along the
future roadway.
There was a general discussion concerning the proposed development and the school's
master plan.Questions were raised as to why the site was not included the master
plan.Mr.Sutterfield stated the site would add value to the school site.A question was
asked as to what value would be added.Mr.Sutterfield stated the sale of the land and
the school was off-campus,which would offer students a place for lunch nearby.Mr.
Sutterfield stated after agreements were reached with the city concerning access to the
site and the school could no longer utilized their existing drive value was lost and
revenues were needed to make up the difference.
A motion was made to approve the request.The motion failed by a vote of 2 eyes,
7 noes,0 absent and 2 recuse (Commissioner Robert Stebbins and Commissioner Jeff
Yates).
12
September 1,2005
ITEM NO 'FILE NO'-7911
Name:William Day Care Family Home—
Special Use Permit
Location:6115 Lyndell Drive
Applicant:Katherine Williams
Owner:Dr.Doyle Richard Johnson
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 6115 Lyndell 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 Wakefield,Geyer Springs,
Upper Baseline and SWLR United for Progress Neighborhood
Associations were notified of the public hearing.
B.~8t ffA
6115 Lyndell Drive is located on the east side of Lyndell Drive,south of
Ballinger Road.All surrounding properties are zoned R-2 and contain
single family residences.There are multifamily developments located
further east and south along Butler Road,with a state licensed day care
center approximately 230 feet to the southeast at 6310 Butler Road.
The applicant's home is one-story brick and frame structure,and is typical
of those in the area.The applicant proposes to operate the day care
family home from 6:00 a.m.to 6:00 p.m.,Monday through Friday.The
applicant has noted that she will have no employees.She will have a
back-up person to care for the children if she is unavailable (illness,out of
town,etc.).
There is a one-car wide concrete driveway from Lyndell Drive,with
parking for three (3)vehicles,including the carport.The driveway should
allow sufficient space for drop-off and pick-up of children.On inspection
of the property,staff observed no vehicles parked on unpaved area.Staff
also observed no vehicles on the site which were not operational.The
rear yard is fenced and should provide a safe play area.
The principal use of the property will remain single family residential.No
signage beyond that allowed in single family zones will be permitted.
September 1,2005
ITEM NO.:1 Cont.FILE NO '-7911
Pulaski County Circuit Clerk personnel were unable to locate a Bill of
Assurance for this neighborhood.
There is no day care use currently being operated at this location.The
applicant is in the process of becoming licensed by the State Department
of Human Services.
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.
2
September 1,2005
ITEM NO 1 Cont FILE NO '-7911
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.
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 transfened from owner to owner,location to location or use to use.
To staffs knowledge,the only outstanding issue associated with this
application involves an issue of separation.According to Section 36-
54(e)(3)f."No Special Use Permit will be approved for a day care family
home proposed to be located within 300 feet of a licensed day care center
or an operating day care family home for which a Special Use Permit has
previously been approved."A licensed day care center is currently being
operated on the property to the southeast at 6310 Butler Road.This day
care center has existed for a number of years.Therefore,the applicant is
requesting a variance to allow the day care family home within 300 feet of
a permitted day care center.
In keeping with the spirit and intent of the newly established ordinance
criteria,staff cannot support the proposed special use permit.Staff feels
that the two (2)day care uses located within 300 feet of each other could
have an adverse impact on the immediate area,by creating an amount of
traffic and noise greater than should be allowed in a residential area.To
staffs knowledge,the proposed day care family home would comply with
all other ordinance requirements.
C.SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
Katherine Williams was present,representing the application.Staff briefly
descdibed the proposed day care family home use,outlining the
applicant's proposal.
Staff noted that there was an existing licensed day care center
3
September 1,2005
ITEM NO 1 Cont FILE NO'-7911
approximately 230 feet to the southeast at 6310 Butler Road.Staff noted
the applicant would need to request a variance from Section 36-54(e)(3)f.
for the reduced separation.Ms.Williams indicated she would submit a
letter to staff requesting the variance.The separation issue was briefly
discussed.
After the discussion,the Committee forwarded the issue to the full
Commission for final action.
D.Staff Recommendation:
Staff recommends denial of the requested Special Use Permit.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff informed the Commission that the application needed to be deferred to
the October 13,2005 Agenda due to the fact that the applicant failed to complete
the notification of surrounding property owners as required.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
4
September 1,2005
ITEM NO'FILE NO Z-7912
Name:Colclough Day Care Family Home—
Special Use Permit
Location:7424 West 40e Street
Applicant:Willie Faye Colclough
Owner:Willie Faye Colclough
Proposal:A Special Use Permit is requested to allow a
Day Care Family Home to be operated in the
single family residence located og the R-3
zoned property at 7424 West 40 Street.
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 Westwood and John
Barrow Neighborhood Associations were notified of the public hearing.
B.~BBIf A
7424 West 40e Street is located at the northeast comer of West 40
Street and Wilder Street.All surrounding properties are zoned R-3.
There are single family residences located to the north,east and west.
Wilson Elementary School is located across West 40'treet to the south
at the southeast corner of West 40'treet and Stannus Street (4015
Stannus Street).The school contains an early childhood education
program which is a day care use licensed by the State Department of
Human Services.
The applicant's home is a one-story frame structure,and is typical of
those in the area.The applicant proposes to operate the day care family
home from 3;00 p.m.to midnight,Monday through Friday.The applicant
notes that she will have no employees.
There is a gravel driveway (with concrete apron)from West 40e Street,
with gravel parking for four (4)vehicles at the southeast corner of the
residence.Section 35-54(e)(3)i of the City's Zoning Ordinance (site and
location criteria for day care family homes)requires that all vehicles be
parked on on-site paved area.The applicant is requesting a variance
from this ordinance standard to allow the continued use of the gravel
parking area.
September 1,2005
ITEM NO'Cont FILE NO '-7912
On inspection of the property,staff observed two (2)vehicles parked in
the existing gravel parking area.Staff observed no vehicles on the site
which were not operational.The rear yard is fenced and should provide asafeplayarea.
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 a very old,handwritten,Bill of Assurance for
this neighborhood.The Bill of Assurance document is not legible.
There is no day care use currently being operated at this location.The
applicant is in the process of becoming licensed by the State DepartmentofHumanServices.
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 daycarecentersarenotallowedbyright.
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.
2
September 1,2005
ITEM NO 2 Cont FILE NO '-7912
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.
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.
I.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.
According to Section 36-54(e)(3)f."No Special Use Permit will be
approved for a day care family home proposed to be located within 300
feet of a licensed day care center or an operating day care family home
for which a Special Use Permit has previously been approved."A
licensed day care center is currently being operated within the Wilson
Elementary School campus located directly to the south across West 40"
Street (southeast corner of West 40'"Street and Stannus Street).
Therefore,the applicant is requesting a variance to allow the day care
family home within 300 feet of a permitted day care center.
In keeping with the spirit and intent of the newly established ordinance
criteria,staff cannot support the proposed special use permit.Staff feels
that the two (2)day care uses located on adjacent property could have an
adverse impact on the immediate area,by creating an amount of traffic
and noise greater than should be allowed in a residential area.
3
September 1,2005
ITEM NO 2 Cont FILE NO '-7912
Staff is also concerned with possible safety issues related to the use of a
gravel parking area for a day care use.Additionally,staff feels that the
night hours proposed by the applicant are inappropriate for an in-home
day care use within a single family subdivision.Staff feels that this type of
day care use should operate during day time hours.To staffs knowledge,
the proposed day care family home would comply with all other ordinance
requirements.
C.SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
Willie Faye Colclough was present,representing the application.Staff
briefly described the proposed day care family home use,outlining the
applicant's proposal.
Staff noted that there was an existing licensed day care center use within
the Wilson Elementary School campus,located directly across West 40a
Street to the south.Staff noted the applicant would need to request a
variance from Section 36-54(e)(3)f,for the reduced separation.Ms.
Colclough indicated she would submit a letter to staff requesting the
vadiance.The separation issue was briefly discussed.
Staff also noted that the driveway and parking at the southeast comer of
the property was gravel.The parking/paving requirements for day care
family homes were briefly discussed.Ms.Colclough indicated that she
would request a variance for continued use of the gravel parking area.
After the discussion,the Committee forwarded the issue to the full
Commission for final action.
D.Staff Recommendation:
Staff recommends denial of the requested Special Use Permit.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff informed the Commission that the applicant requested the application be
deferred to the October 13,2005 Agenda.Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred.The vote was
11 ayes and 0 nays.
4
September 1,2005
ITEMNO'FILE NO 'U05-10-01
Name:Land Use Plan Amendment -Boyle Park Planning District
Location:Southeast Corner Kanis and John Barrow Roads
~Re uest:Mixed Office Commercial to Commercial
Source:Eugene G.Eberle,Jr.
PROPOSAL/REQUEST:
Land Use Plan amendment in the Boyle Park Planning District from Mixed Office
Commercial 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 plans future
Commercial development at the site.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include area west of the application.This expansion would
expand the existing Commercial node to the west to join with the existing
commercial node.The result will be a larger Commercial node at the John
Barrow -Kanis Road intersection.
EXISTING LAND USE AND ZONING:
The property is undeveloped,currently zoned C-3 (General Commercial District)
and R-2 (Single Family District)and is 4.6 acres s in size.Immediate lands to
the north,east,and west of the application are all zoned C-3.North of the
property is developed with a variety of different professional office uses and
further north is land developing with a new office strip center adjacent to
Business Park Drive.To the northeast,the C-3 land is developed with a pipe
supply company.East of the property at Michael Drive,is land zoned 0-3
(General Office District)partly developed with a vacant office building and a
daycare on the north side of Kanis Road.Also at Michael Drive is a PDO
(Planned Development Office)for an animal hospital.The C-3 land east of the
property and on the south side of Kanis Road is undeveloped.Southeast of the
property is zoned MF-12 (Multifamily District)and developed with apartments.
South of the property is undeveloped 0-3 (General Office District)land followed
by R-2 land developed with a large church.The C-3 land to the west is
developed with several commercial strip centers,individual offices,a fast food
September 1,2005
ITEM NO 3 Cont FILE NO 'U05-10-01
restaurant,and a car wash.At the Kanis -John Barrow Roads intersection arethreegasstationsites,one of which was recently demolished.The C-3 land
northwest of the property is developed with a bank and a vacant structure
formerly a medical equipment company.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On November 4,2002 multiple changes were made from Commercial to Mixed
Office Commercial;Single Family and Multifamily to Office;Single Family to
Office;Single Family to Multifamily;Single Family to Low Density Residential;
and Office to Commercial between Interstate 630 and Kanis Road east of John
Barrow Road northeast of the application to recognize existing conditions and
provide for future development.
On September 4,2001 a change was made east Junior Deputy Road near 24
Avenue from Park/Open Space to Low Density Residential approximately one
half mile southwest of the application to accommodate a proposed development.
The property is shown as Mixed Office Commercial on the Plan.A Commercial
Node is illustrated at the John Barrow and Kanis Road intersection.Northeast is
land identified as Mixed Use followed by Low Density Residential.East of the
application is shown as Mixed Office Commercial followed by Single Family.
Immediately southeast of the application is a Multifamily area.South of the
application is additional Mixed Office Commercial and land shown as Public
Institutional.Southwest is additional Multifamily and Mixed Office Commercial
land.Immediately to the east is Commercial,which is part of the Commercial
node at John Barrow and Kanis Roads.
Master Street Plan:
Kanis and John Barrow Roads are shown as Minor Arterials on the Master Street
Plan.The purpose of a Minor Arterial is to provide connections to and through
an urban area.Immediately north of the site is Business Park Drive,which is
shown as a Local Commercial Street on the Plan.The primary function of a
Local Commercial Street is to provide access to adjacent properties.Local
Commercial Streets are built to Collector standards because of adjacent
Commercial zoning.Entrances and exits to this site should be located away
from the John Barrow and Kanis Road intersection,and have a positive
relationship to Business Park Drive to minimize potential traffic conflicts.Kanis
Road may require dedication of right-of-way and may require half street
improvements.
2
September 1,2005
ITEM NO 3 Cont FILE NO 'U05-10-01
BICYCLE PLAN:
Existing or proposed Class I,II,or III bikeways are not in the immediate vicinity of
the development.
PARKS:
This application is in the West Central Parks Planning District.The Plan
designates land for parks which are predominately located in flood plains.This
application is not located in a service deficit area and is less than a half-mile
from two large parks,Kanis Park,and Boyle Park.Kanis Park is a community
Park and Boyle Park is a Large Urban Park.Kanis and Boyle Parks feature a
variety of elements for users including,baseball fields,basketball courts,
playgrounds,picnic areas,restrooms,and gazebos.Both parks provide
pedestrian and bicycle trails for the area.Kanis Park is also connected to the
Interstate 630 Bicycle Trail and has bicycle connections to Markham Street along
Rock Creek.
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 John Barrow
Neighborhood Action Plan.The Business and Commercial goal is "to enhance
the climate directed towards encouraging new businesses and commercial
establishments to located in the area as well as retention of existing businesses."
One objective "Identify areas for potential development,"states a desire for new
businesses to locate in the area.The proposed location of this use is in an area
indicated for office and commercial growth in the John Barrow Neighborhood and
this development could help fulfill that goal.
ANALYSIS;
This development is located in an area of Little Rock that is experiencing a
variety of new infill developments that vary in use and scale.Examples of this
include new single family development east of the property in the Kanis Village
Subdivision,a new apartment complex east of the application near I eander
Drive,plans for a new church northeast of the application,and additional office
developments that have occurred west of the node relating to medical and health
services.Some of this growth in this area could be attributed to the nearby
3
September 1,2005
ITEM NOJ 3 Cont.FILE NO LU05-1 0-01
Baptist Medical Center,the areas close proximity to Interstate 630,and the
availability of vacant land that development had previously jumped over.This
growth may result in additional demand for commercial services to service new
development in the area.
The current area shown as Commercial represents an area roughly 28 acres in
size.A majority the land shown as Commercial has been developed with
individual commercial,office,or residential uses at one time.Recent trends
west of the application have indicated reinvestment in property,which has
resulted in the construction of new buildings or the conversion of old buildings
into commercial,or office uses.This particular application would add
approximately five acres of Commercial node at the intersection,expanding the
commercial node by just fewer than 15%.In this node,two parcels of land are
vacant which could justify a reason for not expanding.One of these parcels is
the old Chief Gas Station,which has recently been demolished,and the other is
a vacant office building a business has relocated from.The vacant properties in
the node may indicate that commercial expansion is not necessary at this time
and that the current vacancies could absorb any additional commercial activities
in the future.
However,expansion of the commercial node on the south side of Kanis Road
may allow for larger scale commercial development to occur without displacing
existing businesses.Development trends west of the application have resulted
in several new office buildings,and the conversion of old homes into office uses.
This growth could be a result of the presence of Baptist hospital nearby.Pulaski
Tech College also has recently moved into one building west of John Barrow.
This growth,coupled with future residential growth anticipated for the area,may
indicate that more commercial area will be needed.
Part of the land proposed for change is zoned C-3 and the plan amendment
would recognize existing zoning.Staff is not encouraging expansion to the east
even though lands are similarly zoned.In keeping with the existing Mixed Office
Commercial area between the new and larger commercial node,adequate
separation of nearby land uses can be provided.In essence the edge of the
node would be Business Park Drive.This would balance the eastern edge of the
Commercial node on the north and south sides of Kanis Road.This change
could be considered appropriate and would leave the Mixed Office Commercial
area to provide a step-down in use intensities between the Commercial node and
the Single Family areas shown at Michael Drive.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Westwood
Neighborhood Association,Broadmoor Neighborhood Association,University
4
September 1,2005
ITEM NO 3 Cont FILE NO 'U05-10-01
Park Neighborhood Association,John Barrow Neighborhood Association,
Brownwood Terrace Neighborhood Association,Leander Neighborhood
Association,Point OVloods Neighborhood Association,College Terrace
Neighborhood Association,SW Little Rock UP,WCLR Coalition of
Neighborhoods,Neighborhood Connections,Barrow Action Group,Briarwood
Neighborhood Association,Pennbrook/Clover Hill Property Owners Association,
Campus Place Property Owners Association,Twin Lakes "A"Neighborhood
Association,Twin Lakes "B"Special Improvement District,Twin Lakes B Prop.
Owners Association.Staff has not received any comments regarding this
application
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.Staff believes that the added
Commercial area will better concentrate the Commercial Node at Kanis and John
Barrow Road intersection,partly recognize existing zoning,and will cladfy
Business Park Drive as the node's eastern edge.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
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 11 ayes,0 noes
and 0 absent.
5
September 1,2005
ITEM NO '1 FILE NO'-7914
Owner.Louis E.Bona
Applicant:Eugene G.Eberle,Jr.
Location:South side of Kanis Road,approximately 500
feet east of Barrow Road
Area:Approximately 3 acres
Request:Rezone from R-2 to C-3
Purpose:Future Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Mixed office and commercial uses (across Kanis Road);zoned C-3
South —Undeveloped property and multifamily development;
zoned 0-3 and MF-12
East —Undeveloped property;zoned C-3
West —Undeveloped property and mixed commercial uses;zoned C-3
A.PUBLIC WORKS COMMENTS:
1.Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of riight-of-way 45 feet from centerline will be required.
2.With future site development,repair or replace any curb and gutter or
sidewalk that is damaged in the public right-of-way prior to occupancy.
3.A grading permit in accordance with section 29-186(c)&(d)will be
required prior to any land clearing or grading activities at the site.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.
September 1,2005
ITEM NO '1 Cont FILE NO Z-7914
B.P LIC TRA SPORTATION ELEMENT:
The site is located on CATA Bus Route (f3,the Baptist Medical Center
Route.
C.PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified,and the John Barrow and
Brownwood Terrace Neighborhood Associations were notified of the
public hearing.
D.LAND USE ELEMENT:
This request is located in the Boyle Park Planning District.The Land Use
Plan shows Mixed Office Commercial for this property.The applicant has
applied for a rezoning from R-2 (Single Family District)to C-3 (General
Commercial District)for a proposed commercial development.
A land use plan amendment for a change to Commercial is a separate item
on this agenda since the proposed C-3 could lead to 100'/o commercial
development at this site.(LU05-10-01)
Master Street Plan:
Kanis and John Barrow Roads are shown as Minor Arterials on the Master
Street Plan.The purpose of a Minor Arterial is to provide connections to
and through an urban area.Immediately north of the site is Business Park
Drive which is shown as a Local Commercial Street on the Plan.The
primary function of a Local Commercial Street is to provide access to
adjacent properties.Local Commercial Streets are built to Collector
standards because of adjacent Commercial zoning.Entrances and exits to
this site should be located away from the John Barrow and Kanis Road
intersection,and have a positive relationship to Business Park Drive to
minimize potential traffic conflicts.Kanis Road may require dedication of
dight-of-way and may require half street improvements.
«Bi I Pl
Existing or proposed Class I,II,or III bikeways are not in the immediate
vicinity of the development.
2
September 1,2005
ITEMNO.:31 Cont FILE NO '-7914
Ci Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the John Barrow
Neighborhood Action Plan.The Business and Commercial goal is "to
enhance the climate directed towards encouraging new businesses and
commercial establishments to locate in the area as well as retention of
existing businesses."One objective "Identify areas for potential
development,"states a desire for new businesses to locate in the area.
The proposed location of this use is in an area indicated for office and
commercial growth in the John Barrow Neighborhood.
E.STAFF ANALYSIS:
Louis E.Bona,owner of three (3)acre property located on the south side of
Kanis Road (approximately 500 feet east of Barrow Road),is requesting to
rezone the property from "R-2"Single Family District to "C-3"General
Commercial District.The rezoning is proposed for future development of
the property.
The property is undeveloped and tree-covered.The property slopes
downward from front to back (north to south).
The general area contains a mixture of uses and zoning.There is a
mixture of office and commercial uses located within the C-3 zoning
across Kanis Road to the north.Undeveloped 0-3 zoned property is
located to the south,with an apartment complex to the southeast.There
is a narrow undeveloped C-3 zoned parcel immediately to the west,with a
mixture of commercial uses further west along Barrow Road.
Undeveloped C-3 zoned property is also located to the east.
The City's Future Land Use Plan designates this property as Mixed Office
Commercial.A Land Use Plan Amendment for a change to Commercial
is a separate item on this agenda (Item 3).
Staff is supportive of the requested C-3 zoning.Staff feels the requested
rezoning is appropriate.The properties immediately east and west of this
site,as well as the property across Kanis Road to the north,are zoned
C-3.Staff feels the rezoning of this parcel to C-3 will allow for the unified
development of the undeveloped property along the south side of Kanis
Road,between Barrow Road and Michael Drive.Staff believes the
requested C-3 zoning will have no adverse impact on the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
3
September 1,2005
ITEM NO 3 1 Cont FILE NO'-7914
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
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 item was placed on the Consent Agenda and approved as recommended bystaff.The vote was 11 ayes and 0 nays.
4
September 1,2005
ITEM NO 'FILE NO Z-7907
NAME:Keziah's Day Support Center Adult Day Care Center—Conditional Use Permit
LOCATION:4124 Southern Street
OWNER/APPLICANT:Deborah Ryans/Connie Henderson
PROPOSAL:A conditional use permit is requested to allow use of
the existing structure on this R-3 zoned property for
an adult day care center with a maximum enrollment
of 10 clients.
1.SITE LOCATION:
The site is located outside of the city limits but within the City'
extraterritorial jurisdiction.The property is located on the southwest
corner of Southern and Riffel Streets,in College Station.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located on the fringe of a sparsely-developed residential
neighborhood.The four block area north of the site,extending along
Frazier Pike,is occupied by several other institutional uses;including a
nursing home,head-start program,county health clinic and civic center.
This property has in the past been used by the nursing home for
residential care,classes and laundry facility.Uses to the south,west and
east include vacant lots and a scattering of single family homes.Allowing
use of the site for a day time,day care use with a maximum enrollment of
10 clients should be 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 College Station
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
The property has no on-site parking and drives.Drop-off of clients will
occur at the front (Southern Street)entrance.This continues the non-
conforming pattern,which has been in use for many years when the
property was used by the nursing home across the street.The applicant
has an agreement to utilize the nursing home parking lot,which is located
directly across the street.This day care use Is required to have five
September 1,2005
ITEM NO 4 Cont FILE NO '-7907
parking spaces based one space for each of the four employees and one
space for drop-off and pickup.Staff supports a parking variance to allow
the off-site parking and drop-off as proposed.
4.SCREENING AND BUFFERS:
No Comments.
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT AND CATA COMMENTS:
Wastewater:Service available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
Southwestern Bell:No Comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.An additional fire hydrant is recommended.
This hydrant would have to be installed at the expense of the
developer.Contact Central Arkansas Water regarding procedures for
installation of the hydrant.
Fire Department:Approved as submitted.
County Planning:The applicant must petition the Pulaski County
Planning Board for a waiver of the 40 foot setback requirement for
commercial structures that are adjacent to residential properties.
Contact Ashley Pope at 340-6260.
CATA:A CATA Bus Route is located along Frazier Pike,one block north
of the site.
SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
The applicant was not present.Staff introduced the item and noted there was
little additional information that was needed.Staff noted the need for a parking
variance.Ashley Pope,Director of Pulaski County Planning,stated the applicant
2
September 1,2005
ITEM NO 4 Cont FILE NO'-7907
would need to contact her office to determine if it was necessary to go to the
County Planning Board.Staff stated they would contact the applicant to get the
needed information;including signage,site lighting,fencing and weekend hours.
The Committee then forwarded the item to the full Commission.
STAFF ANALYSIS;
The R-3 zoned lot located at 4124 Southern Street in College Station is occupied
by a one-story,brick and frame,residential structure and a detached block
building.The property is outside of the city limits but within the City'
extraterritorial zoning jurisdiction.Until April 2005,the property was used in
conjunction with the nursing home which is located across Southern Street to the
north.The principal building was used for many years for assisted living housing
and later for classroom instruction for employees of the nursing home.The
detached block building at the rear of the lot contained the nursing home's
laundry facilities until similar facilities were recently built on the nursing home
property.
The applicant is requesting approval of a conditional use permit to allow use of
the principal structure on this lot as an adult day care center.No use is
proposed at this time for the other building.The day care will have a maximum
attendance of 10 participants and 4 employees.Days and hours of operation
are proposed as Monday through Friday,7:30 a.m.to 4:00 p.m.Occasional
weekend service will be available upon request.If needed,weekend hours will
correspond to weekday hours.Signage at this time consists of a wall sign.In
the future,a 24 square foot,6 foot tall ground sign may be placed in the front
yard.The entire property is enclosed by a 6 foot tall chain-link and wood fence.
Lighting consists of porch lights and street lights.No new lighting is proposed.
The 1905 bill of assurance is illegible but likely does not address use issues.
There is no on-site parking.This use requires five on-site parking spaces.
There is,however,a degree of nonconformity associated with parking at this site.
For many years,the property has been used in conjunction with the nursing
home located across the street.Parking has taken place on the nursing home
parking lot and drop-off of clients has occurred at the front gate of this site,
adjacent to Southern Street.The applicant proposes to continue that
arrangement.While the availability of on-site parking is typically an issue of
concern when staff reviews similar proposals,circumstances are different for this
site.The nonconforming history of the site,the sparce development and low
traffic volumes in the area and the parking agreement provided by the nursing
home cause staff to support the requested parking variance for this use.
Staff is supportive of the requested conditional use permit.To staffs knowledge,
there are no outstanding issues.
3
September 1,2005
ITEMNO 4 Cont FILE NO Z-7907
STAFF RECOMMENDA ION:
Staff recommends approval of the requested conditional use permit subject tocompliancewiththecommentsandconditionsoutlinedinSection5oftheagendastaffreport.
Staff recommends approval of the requested parking variance subject to the
parking agreement being continued with the nursing home which is locatedacrossSouthernStreet.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicant was not present.There were no objectors present.Staff informedtheCommissionthattheapplicanthadnotcorrectlyfollowedthenotification
procedure and the item needed to be deferred.There was no further discussion.The item was placed on the Consent Agenda and deferred to September 29,2005 with a vote of 11 eyes,0 noes and 0 absent.
4
September 1,2005
ITEM NO'FILE N Z-7908
NAME:Karakra Grocery Store —Conditional Use Permit
LOCATION:1817 S.Woodrow Street
OWNER/APPLICANT:Karl Karakra
PROPOSAL:A conditional use permit is requested to allow use of
the existing building on this 1-3 zoned property for a
grocery store (food store).
1.SITE LOCATION:
The property is located on the east side of South Woodrow Street,just
north of its intersection with West 19a Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an area of 1-2 and 1-3 zoned properties,
which extend east of Woodrow Street.Uses in the industrial area include
an industrial laundry facility,warehousing,an apartment building,a pdivate
club and vacant industrial buildings.Single family residences are located
to the west,across Woodrow Street.Utilizing this existing building for a
neighborhood grocery store 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 Central High,Stephens
Area Faith and LOVE Neighborhood Associations were notified of this
request.
3.ON SITE DRIVES AND PARKING:
All parking and drives are existing.The site currently has a driveway
located on the south side of the building.Six parking spaces are located
off of this driveway.Six parking spaces are currently located in front of
the building and back into Woodrow Street.To comply with Public Works
Comments,those spaces will be eliminated and two parallel spaces will
be installed in their place.Sixteen spaces are required for this retail use.
Staff is supportive of a parking variance to allow a reduction in the number
of on-site parking spaces.It is anticipated that much of the business will
be generated by neighborhood residents walking to the store.
September 1,2005
ITEM NO 5 Cont FILE NO '-7908
4.SCREENING AND BUFFERS:
No Comments.
5.PUBLIC WORKS COMMENTS:
1.Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210.The property
must share a single driveway access with the property to the south
centered on the property line.The width of driveway must not exceed
36 feet.
2.A second driveway can also be located along the northern property
line.The driveway must be designed to meet city standards.Parallel
parking only will be allowed in front of building;no backing out in travel
lanes.
3.All driveways shall be concrete aprons per City Ordinance.
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 (Demck
Bergfield).
6.UTILITY FIRE DEPT AND CATA COMMENTS:
Wastewater:Service line location unknown.Any food preparation facility
will require grease trap installed according to LRWU standard
requirements.
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.
County Planning:No Comments.
CATA:A CATA Bus Route is located along 20a Street,one block to the
south.
2
September 1,2005
ITEM NO 5 Cont FILE NO '-79 8
SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
The applicant and his engineer were present.Staff presented the item and
noted additional information was needed signage,number of employees,days
and hours of operation,site lighting,dumpster location and screening and
fencing.Staff noted the need for a parking variance and informed the
Commission that the applicant was requesting a waiver of the filing fee.
Utility and Public Works Comments were discussed.The applicant stated he
would comply with the requirement to eliminate vehicles backing into the rightwf-
way.He was advised to meet with Public Works staff.
The applicant was advised to respond to staff issues by August 17,2005.The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS;
The I-3 zoned lot located at 1817 South Woodrow Street is occupied by a one-
story,5,000 square foot,block and frame building.The property is part of a
larger,industrial site that extends along the east side of Woodrow Street,north
of Wright Avenue and parallels the railroad.The applicant is requesting approval
of a conditional use permit to allow a neighborhood grocery store.The applicant
had purchased the property,cleaned up the building and purchased inventory
before becoming aware that the use was not permitted.Staff allowed the
applicant to operate the store,at his own risk,prior to the Planning Commission
action on the conditional use permit.
The store is proposed to operate Monday through Friday,8:00 a.m.to 11:00
p.m.,Saturday 8:00 a.m.to 12:00 p.m.and Sunday 9:00 a.m,to 9:00 p.m.
There will be two employees.Signage consists of an existing 4'9'20'all
ground sign and one wall sign.Signage complies with ordinance standards for
industrial zones.Site lighting consists of the existing street lighting,which shines
onto the site.A dumpster and required screening have been shown at the back
corner of the property.No additional fencing is proposed.
The 5,000 square foot retail use requires 18 on-site parking spaces.The site is
completely paved and all parking is existing.There are currently 12 parking
spaces on the site,including 5 that back into Woodrow Street.The spaces at
the front of the site are to be redesigned to be two parallel spaces,eliminating
the backing into Woodrow.There is room for a couple of additional spaces at
the rear of the building resulting in a total of perhaps 10 spaces on the site.
Driveway access easements allow for movement of vehicles from this site across
the adjacent parking lot and driveway to the south.The applicant must comply
with Public Works Comments regarding possible relocation of the southern
driveway to be a shared drive with the lot to the south.An access driveway
3
September 1,2005
ITEM NO.5 ont FILE N '-7908
already exists at this point.Staff is supportive of a parking variance to allow the
reduction in on-site parking.It is anticipated that much of the traffic to the store
will come from neighborhood residents walking to the site.
Staff is supportive of the requested conditional use permit.The neighborhood
grocery store will provide a needed service to residents of the community.A
vacant building is being put back into use.There is no bill of assurance issue.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditions!use permit subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of theagendastaffreport.
Staff recommends approval of the requested parking variance and the waiver of
the filing fee.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the "Staff Recommendation"above.There was no further
discussion.The item,including the parking variance and fee waiver,was placed
on the Consent Agenda and approved as recommended by staff.The vote was11eyes,0 noes and 0 absent.
4
September 1,2005
ITEM NO 'FILE NO '-7909
NAME:Colon Accessory Dwelling —Conditional Use Permit
LOCATION:1410 South Commerce Street
OWNER/APPLICANT:Donna Colon/Herron Horton Architects
PROPOSAL;A conditional use permit is requested to allow for
construction of an accessory dwelling on this R-4A
zoned property.
1.SITE LOCATION:
The property is located on the west side of Commerce Street,one
property south of Daisy L.Gatson Bates Drive;south of 1-630.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is primarily residential in nature;
including a scattering of single family homes;vacant residential lots and
apartments.North of the site is a single family residence.Beyond that is
vacant property and I-630.East of the site are vacant properties,single
family residences and a residence which is being rebuilt.Vacant lots are
located to the west.South of the site is a residence which is being rebuilt
and a multifamily structure.The site is on the edge of the path of
destruction caused by the 1999 tornado.The base zoning in the area,
including this lot,is RXA,which permits two-family residences as a by-
right use.The LR Historic District Commission has approved the project.
The proposed accessory dwelling is compatible with uses and zoning in
the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Downtown and MacArthur
Park Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The principal and accessory dwellings require one on-site parking space
each.The applicant proposes to construct a two-car garage and one
additional paved parking space;all taking access off of the alley to the
rear of the site.
4.SCREENING AND SUFFERS:
No Comments.
September 1,2005
ITEM NO.:6 Cont.FILE NO '-7909
5.PUBLIC WORKS COMME TS:
1.Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
2.Resurface asphalt rear alley to a width of 18 ft.for the length of the
property.
3.No parking is permitted in rear alley.
6.UTILITY FIRE DEPT AND CATA COMMENTS:
Wastewater:Service available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy;No Comments received.
Southwestern Bell:No Comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.Contact Central Arkansas
Water regarding the size and location of the water meter(s).
Fire Department;Approved as submitted.
County Planning:No Comments.
CATA:A CATA Bus Route is located just north of this site,at 14a and
Commerce.
SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
The applicant was present.Staff presented the item and noted additional
information was needed on building height and design.Staff asked if separate
utilities were requested.Staff informed the Committee that the Historic District
Commission had approved the item at its August 4,2005 meeting.Staff
commented that a variance was needed for the rear yard coverage.
Utility and Public Works Comments were discussed.The applicant was advised
to contact the Fire Marshall's office regarding their comments.Public Works
staff stated the applicant needed to be aware that the City no longer maintained
alleys and the applicant was "on her own"if she desired to have alley access.
2
September 1,2005
ITEM NO 6 Cont FILE NO '-7909
The applicant was advised to respond to staff issues by August 17,2005.The
Committee forwarded the item to the full Commission.
STAFF ANALYSIS;
The applicant is requesting approval of a conditional use permit to allow for
construction of an accessory dwelling in conjunction with a new single family
residence to be built on this vacant,R4A zoned property.The applicant
proposes to construct a 2,241 square foot single family residence.A 1,034e
square foot accessory structure will be connected to the house by an
unenclosed,covered breezeway.The accessory structure will contain a 576+
square foot two-car garage and a 458a square foot accessory dwelling.The
accessory structure will be one-story in height.Both structures will be
constructed with hardiplank lap siding,asphalt shingle roofs and metal clad wood
windows.A 6-foot tall wood privacy fence will enclosed the rear yard.A parking
slab for an additional parking space will be placed adjacent to the garage.
Access to the parking space and garage will be off of the alley to the rear of the
lot.A single meter will be provided for utilities to the site.The alley will be
resurfaced for the width of the property.
The property is located in the MacArthur Park Historic District.On August 4,
2005,the Historic District Commission unanimously approved the proposal
subject to various conditions related to building and fence design.
Staff is supportive of the requested conditional use permit.The property is
located at the edge of the path of the 1999 tornado.There are many vacant
properties and homes,which were damaged in the immediate area.Staff is
encouraged by this quality inffill development.The property is zoned RPA which
permits duplex residences as a by-right use.The purpose and intent of the R-4A
zoning district states:
"...forsingle family use with conversions to two-family units or the addition
of accessory residential units.The RRA district should be located in
developed areas of the city with an environment suitable for moderate
density residential use and in established medium density residential
areas where densification may facilitate their continuation as desirable
areas."
Staff believes the applicant's proposal clearly complies with the purpose and
intent of the R-4A district.
The Original City of Little Rock bill of assurance does not address use issues.
The applicant submitted responses to issues raised at Subdivision Committee
and reflected in the analysis above.The R-4A zoning district does not have the
requirement that the property owner occupy one of the units,as in R-2 and R-3
single family.The structure does occupy more than the allowable 30%rear yard
3
September 1,2005
ITEM NO 6 Cont FILE NO '-7909
coverage for accessory structures.This is not out of character for this part of
Little Rock.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject tocompliancewiththefollowingconditions:
1.Compliance with the staff comments and conditions outlined in Sections 5and6oftheagendastaffreport.
2.Compliance with the conditions imposed by the Little Rock Historic District
Commission.
Staff recommends approval of the rear yard coverage variance.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the "Staff Recommendation"above.Staff recommended
approval of a rear yard coverage variance and of a late request by the applicant
to have separate utility meters.There was no further discussion.The item was
placed on the Consent Agenda and approved as recommended by staff.The
vote was 11 ayes,0 noes and 0 absent.
4
September 1,2005
ITEM NO '
FILE NO '-7910
NAME:Advanced Auto Parts —Conditional Use Permit
LOCATION:5508 West 12 Street
OWNER/APPLICANT:ADVA Holdings,LLC/Roberts and Williams Associates
PROPOSAL:A conditional use permit is requested to allow auto
parts sales with limited auto parts installation on this
C-3 and C-4 zoned property.
1.SITE LOCATION:
The property is located on the north side of West 12'"Street;between Fair
Park Blvd.and Taylor Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses and zoning.A variety of
commercial uses are located along 12 Street;including convenience
stores,restaurants and retail sales businesses.The C-3 zoned property
to the north is occupied by an apartment building.The proposed use is
compatible with uses and zoning in the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Oak Forest and War
Memorial Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
This 7,000 square foot retail sales use requires 23 on-site parking spaces.
The applicant proposes to construct 28 spaces on the site.Access will be
at three points;one on 12'"Street,one off of Fair Park corresponding to
the existing alley and one near Taylor again corresponding to the existing
alley.
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Buffer Ordinances is required.
Areas set aside for buffers and landscaping meet with minimum
standards,taking into account the reductions allowed within the
designated mature areas of the City.
September 1,2005
ITEM NO 'Cont FILE NO'-7910
5.PUBLIC WORKS COMMENTS:
1.Redraw centerline to take into account previous widening on south
side of 12w Street.Original centerline is 29 feet from south curb line
of 12a Street.
2.12a Street is classified on the Master Street Plan as a minor arteriaL
A dedication of right-of-way 40 feet from centerline will be required
(reduced standard right-of-way).
3.Fair Park is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 40 feet from centerline will be required.
4.Redraw centerline from existing right-of-way line of property west of
Taylor Street.Original centerline is 25 feet from west right-of-way
line of Taylor Street.
5.The proposed land use would classify Taylor Street on the Master
Street Plan as a commercial street.A dedication of right-of-way 30
feet from centerline will be required.
6.The west proposed driveway should be narrowed from 36 R.to 28 ft.
away from Taylor Street side.
7.Since existing driveways along with curb and guttering will be
removed for new construction,locate sidewalk 5 feet from back of
curb.
8.Stormwater detention will not apply to the proposed development.
9.Obtain permits prior to doing any street cuts or curb cuts.Obtain
barricade permit prior to doing any work in the right-of-way.Contact
Traffic Engineering at (501)379-1817 (Derrick Bergfield)for more
information.
10.Sidewalks with appropriate handicap ramps are required in
accordance with Section 31-175 of the I ittle Rock Code and the
Master Street Plan.Access ramp is required for Taylor Street
crossing.Access ramp is not allowed for 12'"Street crossing at
Taylor Street.
11.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.
12.Provide sketch grading and drainage plan for property including alley.
2
September 1,2005
ITEM NO 7 Cont FILE NO '-7910
6.UTILITY FIRE DEPT AND CATA COMMENTS:
Wastewater;Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
Southwestern Bell:No Comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.A Capital Investment Charge
based on the size of the meter connection(s)will apply to this project in
addition to normal charges.Contact Central Arkansas Water
regarding the size and location of the water meter.Due to the nature
of this facility,installation of an approved reduced pressure zone
backflow preventer assembly (RPZA)is required on the domestic
water service.This assembly must be installed prior to the first point
of use.Central Arkansas Water (CAW)requires that upon installation
of the RPZA,successful tests of the assembly must be completed by a
Certified Assembly Tester licensed by the State of Arkansas and
approved by CAW.The test results must be sent to CAW's Cross
Connection Section within ten days of installation and annually
thereafter.Contact Carroll Keatts at 377-1226 if you would like to
discuss backflow prevention requirements for this project.
Fire Department:Place fire hydrants per code.
County Planning:No Comments.
CATA:The site is located on a CATA Bus Route;12 Street.
SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
The applicant was present.Staff presented the item and noted additional
information was needed regarding building design,signage,days and hours of
operation and number of employees.Staff asked that dumpster pickup be
limited to day light business hours.The applicant was asked to provide hours for
delivery.Staff discussed the issue of limited parts installation and asked the
applicant to provide a detailed explanation of the use.Staff suggested that
signage be posted on the site clearly stating that no vehicle repair work or
service is to be performed on the site other than that minor installation to be
performed by employees of Advanced Auto Parts.
3
September 1,2005
ITEM NO 7 Cont FILE NO '-7910
Utility,Landscape and Public Works Comments were discussed.The applicant
responded that required right-of-way,street Improvements and landscaping
would be installed.The applicant stated there would possibly be a need to
locate the delivery truck parking in a different site.He was advised to indicate it
on the plan.The applicant was advised to contact the other reviewing agencies
if there were questions about their comments.
The applicant was advised to respond to staff comments by August 17,2005.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
Advanced Auto Parts proposes to construct a new,retail auto parts sales store
on the C-4 and C-3 zoned property at 5508 West 12'treet.The store will
occupy the south half of the block on the north side of West 12 Street,between
Fair Park Blvd.and Taylor Street.The property is currently occupied by a vacant
gas station building,a restaurant and a parking lot.A conditional use permit is
needed because,as a part of its customer service,Advance Auto Parts provides
complementary installation of batteries,windshield wiper blades and other minor
automotive accessories or complimentary additions.The building is proposed to
have a rear yard setback of 7 feet,abutting the alley.Since the street yard
setbacks all exceed 25 feet,the rear yard may,bywight,be reduced to 15 feet.A
variance is requested to allow the 7-foot rear yard.
The proposed building will be one-story in height and will have the typical
Advanced Auto Parts corporate design.Days and hours of operation are
proposed as seven days a week,8:00 a.m.to 10:00 p.m.Typically,there will be
five (5)employees on the site at a time.The dumpster is shown at the rear of
the site and screening will comply with ordinance standards.Pick-up of
dumpster will be limited to daylight business hours.Signage will consist of wall
signs on the street facades of the building and a single,147 square foot,35 foot
tall ground-mounted sign.There will be no outside storage of merchandise and
parts.Deliveries to the site are typically made once a week and will occur before
5:00 p.m.
The applicant submitted responses to issues raised at Subdivision Committee
and reflected in the analysis above.The plan has been redrawn to address
Public Works requirements.Landscaping complies with ordinance requirements
for the mature area of the City.
Since the retail auto parts store is a by-right use,staff has focused their
concerns on the issue of limited motor vehicle parts installation.This is only a
concern since the installation will typically occur in the parking lot.Staff wants
strict limitations on the level of activity that can occur outside of the building.
Staff wants signs posted clearly stating that no vehicle repair work or service is to
4
September 1,2005
ITEM NO 7 Cont ILE NO '-7910
be performed on the site,other than the minor parts installation performed byAdvancedemployees.It is also important that the site be cleaned each day.
The applicant has agreed to comply with those conditions.
With the limits placed on the use as suggested by staff,the proposed use should
be compatible with the neighborhood.The 1910 bill of assurance does not
address use issues.The rear yard setback variance is minor and the property
abuts a 16 foot alley right-of-way on the rear,which provides separation from the
property to the north.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow
limited parts installation by Advanced Auto Parts employees subject to
compliance with the following conditions:
1.Compliance with the staff comments and conditions outlined in Sections 4,5and6oftheagendastaffreport.
2.Dumpster pick-up hours are to be limited to daylight business hours (not priorto8:00 a.m.).
3.There is to be no outside storage of merchandise or parts.
4.The limited installation of vehicle parts is to be restricted to employees of
Advanced Auto Part.
5.Signs are to be posted on each fagade of the building,which clearly state
that,no vehicle repair work or service is to be performed on the site other
than the limited parts installation,which is performed by Advanced Auto Parts
employees.
6.The site is to be cleaned on a daily basis.
7.Delivery trucks are to park on the site and not in the alley located behind thesite.
Staff recommends approval of the requested rear yard setback variance.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
The applicant was present.There was one objector present.The applicant
requested that the item be deferred so that he might have an opportunity to
address concerns raised by the objector,prior to the meeting.A motion was
made to waive the Commission's bylaws to allow the late request for deferral.
The motion was approved by a vote of 11 eyes,0 noes and 0 absent.A motion
was then made to defer the item to October 13,2005.That motion was
approved by a vote of 11 ayes,0 noes and 0 absent.
5
September 1,2005
ITEM NO 'FILE NO '-7913
NAME:Verizon Wireless —Tower Use Permit
LOCATION:424 Kirby Road
OWNER/APPLICANT:Parkway Place Swim and Racquet Club/
Tracy Wooden and Associates
PROPOSAL:A tower use permit is requested to allow for
construction of a wireless communication facility with
a 120 foot tall support structure on this R-2 zoned
property.
1.SITE LOCATION:
The proposed tower site is located at the rear of the Parkway Place pool
and tennis courts property;on the west side of Kirby Road,south of Oak
Meadow.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The proposed wireless communication facility complies with all ordinance
standards with one exception:The required setback from the R-2 zoned
property to the north which is occupied by a Little Rock Fire Department
Station.The code allows WCF towers up to 150 feet in height by-right.
This tower is proposed at 120 feet.Since the WCF complies with
ordinance standards other than for the technical requirement of setback
from the Fire Department property and since the tower is less in height
than permitted by Code,staff believes the use is compatible 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 Parkway Place
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
Access to the site is through the Swim and Racquet Club parking lot,
which has a driveway onto Kirby Road.There is space in the parking lot
or on the access easement to the WCF site to accommodate the
occasional technician who will service the site.
4.SCREENING AND BUFFERS:
Compliance with the screening and landscape requirements for WCF's is
required,
September 1,2005
ITEM NO:8 Cont FILE NO Z-7913
The plan complies with those requirements;including a 6-foot wide
landscape strip around the site and an 8-foot tall wood privacy fence
enclosing the site.
5.PUBLIC WORKS COMMENTS:
1.A grading permit in accordance with Section 29-1 86(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
pdior to the start of construction.
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;No objection.
Fire Department:Approved as submitted.
County Planning:No Comments.
CATA:No Comments.
SUBDIVISION COMMITTEE COMMENT:(AUGUST 11,2005)
The applicant was present.Staff presented the item and noted a tower use
permit was needed because of the setback from the adjacent,R-2 zoned
property to the north and because the full landscaping strip was not being
provided.It was noted that the adjacent,R-2 zoned property was occupied by a
LRFD station.The applicant was asked to provide justification for the reduced
landscape strip and to show that a reasonable good faith effort was made to find
a collocation site.
Public Works,Utility and Landscape Comments were noted.
The applicant was advised to respond to staff issues by August 17,2005.The
Committee forwarded the item to the full Commission.
2
September 1,2005
ITEM NO 8 Cont FILE N '-7913
STAFF ANALYSIS:
The applicant,on behalf of Verizon Wireless,is requesting approval of a Tower
Use Permit to allow for installation of a Wireless Communication Facility (WCF)
with support structure (tower)on this R-2 zoned property located at 424 Kirby
Road.The facility is to be located on the property of the Parkway Place Swim
and Racquet Club,west of the parking lot and north of the tennis courts.The
facility will be contained in a 50'50'ease area.A six foot wide landscaped
strip will surround a 38'38'ompound,which will be enclosed by an 8 foot tall
wood privacy fence.The compound will contain the WCF equipment and a 120
foot tall,monopole tower.The tower will be designed utilizing "stealth"
technology meaning the antennae arrays will be mounted virtually flush against
the tower and not extending out from the tower face;giving the tower more of the
appearance of a flagpole.
The WCF requires a Tower Use Permit because of one variance from the
standards established by the Code for such facilities.The property abuts an R-2
zoned property to the north,which is occupied by a Little Rock Fire Department
station.In the case of a WCF with support structure,which is to be placed on
property,which abuts a residential property on any side,the support structure
(tower)is to be setback a distance at least the height of the support structure.
The tower is proposed to be 120 feet in height and the setback of the tower from
the abutting R-2 zoned fire station property is 16 feet.
Staff is supportive of the requested tower use permit.The applicant has
complied with all other ordinance standards required for such facilities.The
property to the north,although zoned R-2,is not occupied by a residential use.
The tower will be designed to accommodate two additional carriers.The
applicant has submitted a statement that other alternatives were researched,
including collocation,but no alternatives were found that would allow Verizon to
provide coverage in this area.Thus,a new site and tower became necessary.
The applicant submitted a revised site plan,showing the required landscape strip
on all sides of the WCF site;addressing the issue raised by staff at Subdivision
Committee.
STAFF RECOMMENDATION:
Staff recommends approval of the requested tower use permit,including thereducedsetbackfromtheR-2 zoned property to the north subject to compliance
with all other provisions established for Wireless Communication Facilities asoutlinedinChapter36,Article XII of the Code.
3
September 1,2005
ITEM NO 8 Cont FILE NO '-7913
PLANNING COMMI ION ACTION:(SEPTEMBER 1,2005)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval,including the comments and
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 11 ayes,0 noes and 0 absent.
4
September 1,2005
ITEM NO'
SUBJECT:Presentation of Proposed 2005 Ordinance
Amendment Package
STAFF REPORT:
The twenty-four (24)subjects in the proposed amendment package were offered
by staff and citizens over the past several months.The proposed amendments
will be taken to the Plans Committee and the material will be sent to contact
persons and neighborhood associations.The completed package and any
comments received will be brought to the Commission.As most of these items
are clean-up,clarification or minor changes,staff anticipates moving forward at
the October 13,2005 Committee meeting.
PLANNING COMMISSION ACTION:(SEPTEMBER 1,2005)
Staff presented the item and recommended that the Commission set the public
hearing date as October 13,2005.There was no further discussion.As a part
of the Consent Agenda,the Commission set the October 13,2005 hearing date.
The vote was 11 eyes,0 noes and 0 absent.
ORDINANCE AMENDMENT DISCUSSION OUTLINE
S~b Removes responsibility for reviewing development on PR Parks
and Recreation zoned properties from the Planning Commission
and places it with the Parks and Recreation Commission.
A &clean-up"matter to correct an incorrect reference to another
subsection in Chapter 36.
S~b*A &clean-up"matter to correct an incorrect reference to the Little
Rock Real Estate Board which is now the Little Rock Realtors
Association.
S~b'd Addi ggq''g pl&b'''d'S
(I)year of the date of approval,unless the Commission grants an
extension of time.
S~b Clarifies the time which an alleged violator must be given by
Code Enforcement for a violation of Chapter 36,the Zoning
Ordinance.The language will change from "maximum of thirty
(30)days"to "minimum of seven (7)days".
~gb Requires a Planning Commission hearing and action when the
owner of an approved PUD or PD requests revocation of the PUD
or PD up to three (3)years after its adoption.Current language
requires such requests to go straight to the Board of Directors.
C 'll**'
reviewing proposed preliminary plate and conditional uses.
Eliminates the language stating the Committee makes a
recommendation to the full Commission.
~gb I I &R *&b '~"6 g dl
allowed in C-2 and C-3.
S~bi &I R *'*b ''&&d p
'
I-I and place it as a conditional use in that district.
S~bi &R *'I ''&&S*p*I d
1-2 and place it as a conditional use in that district.
S~b Deletes language in the parking variance section of Board of
Zoning Adjustment powers which conflicts with Section 36-507.
The current language allows the Board to approve a use which is
not permitted.
~gb *Resolves an interpretation difficulty by clarifying that dumpsters
and trash containment areas may not be located within the
required setback areas abutting streets in the commercial zones.
It also requires the openings in the dumpster and trash
containment screening to be oriented away from the street.
S~b Adds to the commercial district development criteria a
requirement that all premises be kept clear of all rubbish,trash,
brush and litter.
~gb Clarification issue in the commercial district criteria to state that
seasonal and temporary sales will be permitted only in
conjunction with an established business on the site.
~gb Adds standards to allow subdivision identiflcation signs in
residential zones.
~Sb«i Eliminates a conflict in language related to sign height for signs
adjacent to expressways or freeways.The current language sets a
maximum sign height of thirty-six (36)feet under any condition
which conflicts with the language allowing a taller sign if the
abutting &eeway is at a higher elevation.
~gb Allows one (I)building mounted special event banner per
business per street &outage rather than one (I)per property;
allows flexibility in placing the banners within the allotted
twenty-four (24)weeks and allows up to two (2)&eestanding
banners per property per street &ontage.
Eliminates the requirement of a zem (0)foot &ont build-to-line in
the UU district.
S~b«i SII 'pl b I g gt g'UU
district.
S~t Changes the measurement of allowable height in the UU district
from floors to feet.Adds a new height bonus for developments
which are at least eighty (80)percent residential and include a
parking deck.
~gb Adds a screening and orientation requirement for ground-
mounted mechanical systems in the UU district.
~gb Clarification in sign code that signs must be on-premises except
as specifically allowed by the Code.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS
PROCEDURES,DEFINITIONS,LAND USE REGULATIONS
AND FOR OTHER PURPOSES.
WHEREAS,it has been determined by the Little Rock Planning Commission that a
regular review of these chapters is appropriate;and
WHEREAS,the Planning Commission has determined several modifications are
appmpriate at this time.
NOW,THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK,ARKANSAS.
SECTION 1.That various provisions of Chapters 31,and 36.be amended as follows:
Subsection (a).That Chapter 36.,Section 36-322.(b)(4)be amended to delete references
to the department of planning and development and the planning commission and to insert
references to the parks and recreation commission with the resulting text to read as follows:
(4)The city staff shall present any plans for the development of a pmperty
within the PR park and recreation district to the parks and recreation
commission at a public meeting and shall demonstrate that the
proposed development,or redevelopment,plans are consistent with the
goals expressed in the Little Rock Parks and Recreation Master Plan.
This presentation is for information purposes only,and no formal
action is required unless a majority of the members of the parks and
recreation commission vote to approve a motion that states:
a.That the city staff is in error;and
b.The proposed plan is totally inconsistent with goals and vision
of the Little Rock Parks and Recreation Master Plan;and
c.That the city board of directors should review the presented
plan to determine if it is consistent with the Little Rock Parks
and Recreation Master Plan;and
d.If such an affirmative vote is taken,provides to the city board
of directors a written list of the reasons that a majority of the
members of the parks and recreation commission believe that
the proposal is inconsistent with the Little Rock Parks and
Recreation Master Plan.
Subsection (b).That Chapter 36.,Section 36-461.(5)be amended to correct an incorrect
reference and to then read as follows:
(5)The owner did not exercise the variance rights contained in Section
36-454(e).
Subsection (c).That Chapter 36.,Section 36-67.(a)be amended to correct an incorrect
reference and to then read as follows:
(a)The board of zoning adjustment shall consist of five (5)members who
are appointed by the city board of directors.One (1)member of the
board shall be an architect/planner,one (1)member of the board shall
be a civil engineer,one (1)member of the board shall be a member of
the Little Rock Realtors Association,two (2)members of the board
shall be &om the citizenry at large.The term of office for the
members of the board shall be for three (3)years.
Subsection (d).That Chapter 36.,Section 36-54.(d)be amended to provide for the
addition of text and to then read as follows:
(6)Transfer ofpermits and initiation ofpermits.Special use permits shall
not be transferable in any manner.Permits cannot be passed &om
owner to owner,location to location or use to use.The special use
approved by the comnussion must be initiated within one (1)year of
the date of approval,unless an extension of time is granted by the
Commission.Otherwise,the commission's approval of the special use
permit shall be considered void.
Subsection (e).That Chapter 36.,Section 36-4.(d)be amended to provide for the
insertion of new text and to then read as follows:
(d)When,in the judgment of the enforcing ofiicer,a violation of this
chapter exists,the enforcing officer shall issue a written order to the
alleged violator.The order shall specify those sections of this chapter of
which the person may be in violation and shall state that the person has a
minimum of seven (7)days from the date of the order in which to abate
the alleged violation or to appeal to the appropriate board,or commission
provided,however that in the case of the alleged violation to whom the
enforcing officer has issued such an order within the preceding twelve-
month period,the notice may require the person to abate the alleged
violation within twenty-four (24)hours.
Subsection (f).That Chapter 36.,Section 36-454.(d)be deleted in its entirety and
replaced with new text to read as follows;
(d)The owner of an approved PD or PUD may,for cause,request repeal of the
ordinance establishing the development when it has been determined that the
development will not occur.A written request may be filed with the city stafF
at any time up to three (3)years after the date of adoption of the ordinance
creating the PUD or PD.The request shall set forth the cause of the repeaL
A public hearing on the repeal request shall be held by the planning
commission not later than sixty (60)days after filing of the written request.
Legal advertisement and notice to property owners within two hundred (200)
feet shall be as required by this chapter and the planning commission bylaws
for the initial planning commission hearing.Notice to others as required by
the bylaws shall be provided by statf and signs shall be posted.
The planning commission's recommendation on the repeal request shall be
forwarded to the board of directors for their consideration.The board of
2
directors may grant or deny the request or return the request to the planning
commission for further study.If the request is approved,an ordinance shall
be adopted repealing the PVD or PD.
Subsection (g).That Chapter 31.,Section 31-94.(c)be deleted in its entirety and replaced
with new text to read as follows:
(c)The subdivision committee of the planning commission shall review the
preliminary plat along with comments fium the staff and other reviewing
agencies.The committee shall pass the preliminary plat to the full
commission for final action with any comments determined accessory to
expedite review of the preliminary plat.
Subsection (h).That Chapter 36.,Sections 36-105.be deleted in its entirety and replaced
with new text to read as follows:
The subdivision committee of the planning commission shall
review the conditional use along with comments &om smff and
other reviewing agencies.The committee shall pass the conditional
use to the full commission for final action with any comments
determined necessary to expedite review of the conditional use.
Subsection (i).That Chapter 36.,Section 36-300.(c)(2)be amended to provide for the
deletion of listed item "c".bus station and terminal and the serial restructuring of items d.
through n.accordingly.
Subsection (j).That Chapter 36.,Section 36-301.(c)(2)be amended to provide for the
deletion of listed item "h."bus station and terminal and the serial restructuring of items i.
through aa.accordingly.
Subsection (k).That Chapter 36.,Section 36-319.(c)(I)be amended to provide for the
deletion of listed item "e."bus station or terminal and the serial restructuring of items f.through
11.accordingly.
Subsection (I).That Chapter 36.,Section 36-319.(c)(2)be amended to provide for the
insertion of a new conditional use to be item c.and the serial restructuring of items c.through j.
accordingly.The new use to read:
c.Bus station and terminal
Subsection (m).That Chapter 36.,Section 36-320.(c)(1)be amended to provide for the
deletion of listed item "r."bus station or terminal and the serial restructuring of items s.through
sss.accordingly.
Subsection (n).That Chapter 36.,Section 36-320.(c)(2)be amended to provide for the
insertion of a new conditional use to be item b.and the serial restructuring of items b.thmugh m.
accordingly.The new use to read:
b.Bus station and terminal
Subsection (o).That Chapter 36.,Section 36-69.(b)(5)be amended to provide for the
deletion of certain text and to then read as follows:
(5)Parking.The board may grant a variance for the number of required
parking spaces where a hardship exists.Any detached parking facilities or
3
satellite parking shall be located on a lot which is zoned to allow the
principal use which this parking will serve.
Subsection (p).That Chapter 36.,Section 36-298.(2)be deleted in its entirety and
replaced with new text to read as follows:
(2)Dumpsters and trash containment areas shall not be located within the front
yard setback area or street side or exterior side yard setback area.
Dumpsters and trash containment areas shall be screened as required by
Section 36-523.and the opening for pickup shall be oriented away from
abutting streets.
Subsection (q).That Chapter 36.,Section 36-298,be amended to provide for the addition
of a new subsection (9)to read as follows:
(9)All premises shall be kept clear of all rubbish,trash,brush and litter.
Subsection (r).That Chapter 36.,Section 36-298.(4)be amended to provide for the
addition of a new text and to then read as follows:
(4)In conjunction with an established business on the site,seasonal and
temporary sales,outside,shall be permitted a maximum of four (4)
occasions per year with a maximum of thuty (30)days per event.These
events shall be permitted,prior to initiation,by the staff of the city
department designated by the city manager.These events may be permitted
consecutively or as desired by the owner or occupant.
Outside display of merchandise is allowed in an area equal to one-half of the
faqade area of the front of the building.
Subsection (s).That Chapter 36.,Section 36-551.(a)be amended to provide for the
addition of a new subsection (4)to read as follows:
(4)One (1)subdivision identification sign shall be permitted per neighborhood or
subdivision,not to exceed thirty-two (32)square feet in area and six (6)feet in
height.
Subsection (t).That Chapter 36.,Section 36-557.(b)be amended to provide for the
deletion of certain text and to then read as follows:
(b)Sign heights for all ground-mounted on-premises signs located on properties
immediately adjacent to and contiguous to an expressway or freeway may be measured
&om the elevation of the centerline of the traffic lanes (excluding frontage roads)
adjacent to subject property to the top of the sign structure.It shall be the responsibility
of the sign owner to submit all necessary information when this approach is used.
Subsection (u).That Chapter 36.,Section 36-557.(d)be amended to provide for the
deletion of certain text and the addition of new text and to then read as follows:
(d)Each business shall be permitted to utilize one (I)temporary special event
on-premises,building mounted banner or device per street frontage as allowed by
the administrator for special events or promotions.Special event banners or devices
shall only be utilized for nonresidential uses or zoning districts.Temporary special
event on-premises banners or devices may be erected for a maximum of twenty-
four (24)weeks (168 days)per year.A special event permit will be issued for a
4
maximum of six (6)weeks (42 days)per permit.Multiple permits may be obtained
at one time as specified in subsection (4)below.
(I)These signs or decorations shall be secured by a method approved by the
administrator to ensure safety and stability.
(2)The maximum size for these banners and decorations shall be five (5)feet
vertical and twenty (20)feet horizontaL
(3)They shall not be tied,secured,mounted or affixed in any manner to a tree,
landscaping,screening wall or fence.The placement of these event materials
may be pole mounted or on a building provided there are no encroachments
into a public right-of-way.
(4)An annual events permit may be obtained by an owner or operator of a site,
which will allow the user to structure the number of events and days per year
desired,not to exceed a total of twenty-four (24)weeks (168 days).The
permit shall be submitted for review and approval as set forth in section
36-545,and a fee assessed as provided in section 36-545(e).Telephone
contact may be used to initiate the beginning of events and timing afier initial
approvaL
(5)Maintenance shall be as provided in section 36-546 of the Code of
Ordinances.
(6)These materials or devices shall not be placed,mounted or in any way affixed
to any off-premises sign or billboard.
(7)In addition to a building mounted banner,businesses may also utilize one
&eestanding banner per street &outage.For purposes of developments which
have multiple businesses or buildings on a single lot or tract of land,the
number of &eesunding banners shall be limited to two (2)per property per
street fiontage.
Subsection (v).That Chapter 36.,Section 36-342.1.(I)(1)be amended to provide for the
deletion of certain text and the addition of new text and to then read as follows:
(I)Front yard.No setback is required except as noted below.(In no case may a
structure be built in the right-of-way.)
Along Capitol Avenue,west of Broadway Street and east of Scott Street,the font
building line shall be twenty-five (25)feet.Along Chester Street from 1-630 to La
Harpe Boulevard the front building line shall be ten (10)feet.
In no case is the storage or parking of vehicles allowed in the front setback.
Subsection (w).That Chapter 36.,Section 36-342.1.(d)(1)be amended to provide for the
addition of new text and to then read as follows:
(I)Permitted uses.Uses permitted shall include all those allowed in the residential
districts,office districts and commercial districts as "permitted uses,"in this chapter
36.Except that,all uses must be inside or enclosed.
Eating places shall be permitted to have an area of outdoor dining subject to
compliance with the following provisions.
5
a.The area of outdoor dining shall not be located in the public right-of-way nor
shall it obstruct pedestrian movement,fire lanes,access to any business or
areas designated for access by the physically impaired.
b.The number of seats in the area of outdoor dining shall not exceed fifty (50)
percent of the number of seats within the eating place.
c.Compliance with applicable state and county health regulations.
d.The area of outdoor dining shall not be located between the building occupied
by the eating place and adjacent residentially zoned properties.
e.This subsection shall not be deemed to permit signage or structural alterations
such as canopies or walls regulated elsewhere in this chapter.
Subsection (x).That Chapter 36.,Section 36-342.1.(e)be deleted in its entirety and
replaced with new text to read as follows:
(e)Height regulations.No building hereafter erected or structurally altered shall
exceed a height of seventy-two (72)feet.Developments which provide a minimum
twenty (20)percent of the gross floor area for residential uses are entitled to add
twenty-eight (28)feet to the structure.Any structure which is certified by CATA
(Central Arkansas Transit Authority)as providing a portion of the structure for
mass transit (such as a bus stop,etc.)is entitled to add fourteen (14)feet.If at least
fifty (50)percent of the street-level office and retail space has direct access to the
street,the total building square footage may be increased with additional floors
(fourteen feet in height)at a rate of two (2)square feet for each one (I)square foot
of leaseable space directly accessible to the street.Developments which provide a
minimum eighty (80)percent of the gross floor area for residential uses are entitled
to sdd up to twenty-eight (28)feet to the structure specifically to accommodate a
parking structure which is incorporated into the structure.All building height
bonuses in this section are cumulative not to exceed two hundred twenty-five (225)
feet.
For those structures within the area described as,2"Street south to 9 Street and
Scott Street west to Broadway,the maximum allowable structural height shall be
governed by the "Adams Field Airport zoning ordinance"(Linle Rock Code of
Ordinances section 7-57 [secfion 7-51 et seq.]).
Subsection (y).That Chapter 36.,Section 36-342.1(c)(2)be amended to provide for the
addition of new text and to then read as follows:
(2)jScreening j All ground-mounted mechanical systems and trash receptacles and
pickup shall be oriented away from a primary street side of the property and
screened &om the public right-of-way.Ground-mounted mechanical systems and
trash receptacles shall be placed adjacent to alleys if alleys are available.
Subsection (z).That Chapter 36.,Section 36-543.be amended to provide for the
addition of a new subsection (9)to read as follows:
(9)Off-premises signs except as specifically permitted elsewhere in this Article.
6
SECTION 2.Severabiliry.In the event any title,section,paragraph,item,sentence,clause,
phrase,or word of this ordinance is declared or adjudged to be invalid or unconstitutional,such
declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain
in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not
originally a part of the ordinance.
SECTION 3.Repealer.All laws,ordinances,resolutions,or parts of the same,that are
inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
inconsistency.
SECTION 4.That this ordinance shall take effect thirty (30)days from and after its
passage.
PASSED:
ATTEST:APPROVED:
City Clerk Mayor
7
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September 1,2005
There being no further business before the Commission,the meeting was
adjourned at 5:27 p.m.
Date
S tery Chai