HomeMy WebLinkAboutpc_06 26 2003LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
JUNE 26,2003
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being nine (9)in number.
Members Present:Judith Faust
Gary Langlais
Norm Floyd
Bob Lowry
Mizan Rahman
Jerry Mayer
Fred Allen,Jr.
Rohn Muse
Robert Stebbins
Members Absent:Obray Nunnley,Jr.
Bill Rector
City Attorney:Cindy Dawson
III.Approval of the Minutes of the May 15,2003 Meeting of the Little Rock
Planning Commission.The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
JUNE 26,2003
4:00 P.M.
DEFERRED ITEMS:
A.LU03-11-03 A Land Use Plan Amendment from Single Family to Office for an
area north of West 20 Street and west of Wilson Street
B.Z-7399 Rezoning from R-2 to 0-1
Northwest corner of Wilson and West 20'treet
C.S-1385 Callaghan Creek Preliminary Plat located north of Raines Road
east of Sullivan Road intersection
NEW ITEMS:
1.Z-7410 Williams Day Care Family Home —Special Use Permit
11 Walnut Valley Drive
2.Z-7413 Lewis Day Care Family Horne —Special Use Permit
2508 S.Harrison Street
3.Z-7420 Ester Day Care Family Horne —Special Use Permit
2705 S.Gaines Street
4.Z-7422 Clayton Day Care Family Home —Special Use Permit
2 Cherry Valley Drive
5.Z-4041-C Rezoning from R-2 to I-2
11710 Vimy Ridge Road
6.Z-7418 Rezoning from R-2 to 0-2
1617 Aldersgate Road
7.LU03-15-01 A Land Use Plan Amendment in the Geyer Springs West Planning
District from Light Industrial to Commercial located along the west
side of Mabelvale Pike south of 1-30.
7.1.Z-7419 Rezoning from R-2 to C-4
9300 Mabelvale Pike
8.G-23-323 Bishop Street —Right-of-Way Abandonment
Between West 7 Street and I-630
Agenda,Page Two
9.G-23-324 Chenal Valley Drive Extension —Right-of-Way Abandonment
South of Rahling Road
10.Z-7421 University Heights Short-Form PCD
East side of University Avenue;between "A"and "C"Streets
11.S-1389 New Hope Subdivision Preliminary Plat
7915 Highway 300
12.Z-7417 New Hope Baptist Church —Conditional Use Permit
7915 Highway 300
13.Z-2801-B Alltel —Tower Use Permit
5312 West 65 Street
14.Z-4009-B Alltel —Tower Use Permit
1515 Market Street
15.Z-6042-F Alltel —Tower Use Permit
10700 Colonel Glenn Road
16.Z-6047-E Alltel —Tower Use Permit
5600 West 35 Street
17 Z-3263-A Carr Enterprises —Conditional Use Permit
4'l5 East 9 Street
18.Z-4360-B Hoisted Accessory Dwelling —Conditional Use Permit
5411 "L"Street
19 Z-4849-A Sipe Ministries Day Care Center —Conditional Use Permit
8619,8705,8707 Stanton Road
20.Z-7415 Berg Accessory Dwelling —Conditional Use Permit
1725 North Spruce Street
21.Z-7416 Cross Street Christian Church —Conditional Use Permit
1223 Cross Street
22.G-25-188 Timber Ridge Drive Street Name Change to Atkins Road
23 Z-7357-A Shephard Day Care Family Home —Special Use Permit
7803 Preston Drive
12
11
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June 26,2003
ITEM NO.:A F I L E NO.:L U 03-11-03
Name:Land Use Plan Amendment -1-430 Planning District
Location:Northwest corner of Wilson St.and W.20 St.
~Re ueat:Single Family tc Office
Source:Mystery Willis,c/o McGetrick 8 McGetrick Inc.
PROPOSAL /REQUEST:
Land Use Plan amendment in the 1-430 Planning District from Single Family to
Office.The Office category represents services provided directly to consumers
(e.g.,legal,financial,medical)as well as general offices,which support more
basic economic activities.The applicant wishes to develop the property for quite
business uses.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include the area between Wilson Street and Aldersgate
Road north of W.20 Street to W.18 Street,and the area west of Wilson
Street north of W.18'treet to the areas currently shown as Suburban Office.
With these changes,the entirety of the Single Family west of Wilson Street north
of W.20"Street would be eliminated.This would establish Wilson Street and
W.20 Street as the boundary between residential and non-residential uses.
EXISTING LAND USE AND ZONING:
The property is a house currently zoned R-2 Single Family and is approximately1.25+acres in size.The expanded area is developed with scattered single
family housing zoned R-2.The property on the west side of Aldersgate Road is
developed with two office buildings zoned Planned Office Development.The
vacant land on the north side of W.18 Street west of Perry Street is vacant land
zoned 0-2 Office and Institutional.Further north the land on the west side of
Perry Street (west of the expanded area)is zoned R-2 and developed with
scattered single-family housing.One lot at the end of Perry Street,on the west
side,is zoned R-7A Mobile Home for manufactured housing located on that
property.The land north of the expanded area is zoned 0-2 and developed with
office buildings.A strip of land at the north boundary of the expanded studyareaiszonedOpenSpacefromAldersgateRoadtoJuniorDeputyRoad.All of
the land east of Wilson Street and south of W.20'treet is zoned R-2 and
developed with scattered single-family housing.The property at southwest
corner of the Aldersgate Road /W.20 intersection is zoned Open Space for
Camp Aldersgate.
June 26,2003
ITEM NO.:A Cont.F I L E NO.:L U 03-1 1-03
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On March 18,2003 a change was made from Single Family to Suburban Office
at the northeast corner of Aldersgate Road and W.18'treet less than V~of a
mile northwest of the applicant's property to establish W.18 'treet as a
boundary between residential and non-residential uses and to provide protection
to the Single Family uses through the use of Planned Zoning Developments.
On November 4,2002 a change was made from Single Family to Low Density
Residential along Lehigh Street about 1 mile southeast of the application area to
provide higher density residential development.
On September 4,2001 a change was made from Park/Open Space to Multi-
family less than V~of a mile to the east of the property in question to
accommodate proposed development.
On April 6,1999 a change was made from Single Family to Suburban Office
along the west side of Aldersgate Road in the 1600 through 1900 blocks less
than V4 of a mile west of the study area to accommodate proposed development.
On March 2,1999 multiple changes were made along the south side of Kanis
Road starting about 'A of a mile northwest of the area in question from Mixed
Office Commercial and Suburban Office to Neighborhood Commercial,Office,
and Community Shopping to recognize existing conditions.
The applicant's property and the expanded area are shown as Single Family on
the Future Land Use Plan.All of the property to the west and north of the
expanded area is shown as Suburban Office while all of the property to the east
and south is shown as Single Family.
MASTER STREET PLAN:
Wilson and W.20 Streets are classified as Local Streets built for residential
traffic.These streets would need to be improved to handle commercial traffic.
There are no Bikeways shown that would be affected by this amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the
applicant's property lies in a service deficit area.Adequate park facilities would
need to be developed in order to fulfill the plan goals of providing park facilities
within an eight-block walking distance of all City of Little Rock Residents.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
2
June 26,2003
ITEM NO.:A Cont.F I LE NO.:L U 03-11-03
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant's property lies in an area covered by the John Barrow
Neighborhood Area Plan.The business and commercial development goal
contains the objectives of attracting job-generating businesses to the area and
encouragernent of land assembly guidelines for construction of new business
and commercial facilities.
ANALYSIS:
Although the area shown as Single Family contains vacant pieces of property,
new housing is being constructed in this neighborhood.The Plan has tried to
keep the non-residential uses west of Aldersgate Road and north of W.18
'treetwestofPerryStreet.Even when allowing these non-residential uses,they
were to be designed such that residential could be a viable option on the east
side of the areas shown as Suburban Office.
The strip of land zoned Open Space from Aldersgate Road to Junior Deputy
Road is intended to serve as a boundary between the non-residential uses south
of Kanis Road and the residential areas further to the south.This amendment
would further extend non-residential uses in an area south of W.18 Street and
south of the Open Space zoned buffer.
In addition,this amendment area is located in an area of revitalizing single-family
development.The property in question is located in the Hicks Interurban
Addition,a neighborhood that has seen an increase in building permit activity
within the past five years.Thirteen building permits for new single-family houses
have been issued for the neighborhood within the past five years.Four of those
permits were issued in 2001,while five were issued during 2002.The trend of
increasing building permits for single family housing east of Aldersgate Road
indicates that this neighborhood is a growing and viable single-family residential
area.This amendment would introduce a use that is incompatible with the
current trend of single-family residential development in the area.
NEIGH BORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:John Barrow
Neighborhood Association,Campus Place Property Owners Association,
Kensington Place Property Owners Association,Pennbrook/Clover Hill Property
Owners Association,Sandpiper Neighborhood Association,Twin Lakes "A"
Neighborhood Association,Twin Lakes "B"Special Improvement District,Twin
Lakes B Prop.Owners Association,and Westbrook Neighborhood Association.
Staff has received one comment from area residents.Staff has received one
comment from area residents in support of the change.
3
June 26,2003
ITEM NO.:A Cont.FILE NO.:LU03-11-03
STAFF R E COMMENDATION S:
Staff believes the change is not appropriate.This amendment would extend
non-residential uses into the heart of a revitalizing residential neighborhood and
compromise the viability of that neighborhood.
PLANNING COMMISSION ACTION:(MAY 15,2003)
The item was placed on the consent agenda for deferral to the June 26,2003
Planning Commission meeting.A motion was made to approve the consent
agenda and was approved with a vote of 11 ayes,0 noes and 0 absent.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
During the consent agenda,Pat McGetrick,the applicant stated that he wished
to defer the application to July 24,2003 since he was going to have only eight
commissioners eligible to vote.The overall consent agenda was approved with a
vote of 9 ayes,0 noes,and 2 absent with a recusal from Fred Allen on this item.
4
June 26,2003
ITEM NO.:B FILE NO.:Z-7399
Owner:Mystery Willis
Applicant:McGetrick and McGetrick Engineering
Location:Northwest corner of West 20 and Wilson Streets,and
along the east side of Perry Street
Area:Approximately 1.29 acres (8 lots)
Request:To rezone from R-2 to 0-1
Purpose:Quiet Office
Existing Use:Vacant (6 lots)and single family structure (2 lots)
SURROUNDING LAND USE AND ZONING
North —Single Family Residences;zoned R-2
South —Single Family Residences (across West 20 'treet);zoned R-2
East —Single Family Residences (across Wilson Street);zoned R-2
West —Single Family Residences;zoned R-2
A.PUBLIC WORKS COMMENTS:
1.The proposed land use would classify Perry,Wilson,and West 20"
Streets on the Master Street Plan as a commercial street.Dedicate
right-of-way to 30 feet from centerline.
2.This development does not have access to an existing collector or
improved commercial street suitable for office development.AII
existing streets in the vicinity of the proposed rezoning action are
unimproved,narrow,residential streets with open ditches and nine-foot
wide travel.
June 26,2003
ITEM NO.:B Cont.FILE NO.;Z-7399
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located near CATA's part-time bus route ¹3 (Baptist Medical
Center route).
C.PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site,all residents within
300 feet who could be identified,and the John Barrow,Twin Lakes "A"
and Twin Lakes "B"Special Improvement District Neighborhood
Associations were notified of the proposed rezoning.
D.LAND USE ELEMENT:
This request is located in the I-430 Planning District.The Land Use Plan
shows Single Family for this property.The applicant has applied for 0-1
Quiet Office for an office building.
A land use plan amendment for a change to Office is a separate item on
this agenda.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in an area covered by the John Barrow
Neighborhood Area Plan.The housing and neighborhood revitalization
goal contains an action statement of determining if existing zoning
classifications compromise the interest to revitalize or stabilize the
housing and infrastructure and improve the overall appearance of the
John Barrow Neighborhood Area.
E.STAFF ANALYSIS:
Mystery Willis,owner of Lots 5-6 and 19-24,Block 10,Hicks Interurban
Addition,is requesting to rezone the property from "R-2"Single Family
District to "0-1"Quiet Office District.Six of the lots (Lots 19-24)are
located at the northwest corner of West 20 and Wilson Streets,with two
lots (Lots 5 and 6)being located within the west portion of the block along
Perry Street.There is a new single family structure on Lots 21 and 22,
with the remaining lots being undeveloped and wooded.The owner
proposes the rezoning in order to use the existing structure as an office,
with future quiet office developments on the remaining six lots.
All of the properties adjacent to this site,including across the boundary
streets,are zoned R-2 and contain single family residential structures.A
2
June 26,2003
ITEM NO.:B Cont.FILE NO.:Z-7399
rezoning to 0-2 with a height restriction was recently approved for 12 lots
along the north side of West 18 Street,between Aldersgate Road and
Perry Street.
The City's Future Land Use Plan designates this property as single family.
A proposed land use plan amendment for a change to office is Item 5.on
this agenda.
Staff does not support the proposed rezoning.Staff feels that the
proposed 0-1 zoning will not be compatible with the adjacent single family
properties.Staff clearly supported the recent 0-2 rezoning at the
northeast corner of West 18 and Aldersgate Road given the fact that it is
directly across the street from a large multi-lot office development (POD),
and the imposed height limitation and site plan review requirement will
assure proper transition from the existing POD development to the
residential uses to the east.Staff feels that any further intrusion east into
the existing area of R-2 zoning will be a detriment to the area.During the
past two years,several building permits for new homes (including Lots 21
and 22 of this property)have been issued within the R-2 zoned area
between Aldersgate Road and Junior Deputy Road,south of the West
16 Street right-of-way.
F.STAFF RECOMMENDATION:
Staff recommends denial of the requested 0-1 rezoning.
PLANNING COMMISSION ACTION:(MAY 15,2003)
Staff informed the Commission that the applicant requested the application be
deferred to the June 26,2003 agenda,as the applicant failed to complete the
required notifications to surrounding property owners.Staff supported the
deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the June 26,2003 agenda.A motion to that
effect was made.The motion passed by a vote of 11 ayes and 0 nays.The item
was deferred.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Pat McGetrick was present,representing the application.He requested that the
application be deferred to the July 24,2003 agenda.Staff supported the deferral
request.
3
June 26,2003
ITEM NO.:B Cont.FILE NO.:Z-7399
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the July 24,2003 agenda.A motion to that effect
was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The
item was deferred.
4
June 26,2003
ITEM NO.:C FILE NO.:S-1385
NAME:Callaghan Creek Preliminary Plat
LOCATION:North of Raines Road near the intersection with Sullivan Road
DEVELOPER:
M.Mellor Incorporated
10001 Mabelvale Pike
Mabelvale,AR 72103
ENGINEER:
The Mehlburger Firm
201 South Izard Street
Little Rock,AR 72201
AREA:38.8 acres NUMBER OF LOTS:22 FT.NEW STREET:1850
CURRENT ZONING:R-2,Single-family
PLANNING DISTRICT:17 —Crystal Valley
CENSUS TRACT:42.08
VARIANCESNVAIVERS REQUESTED:
1.A five (5)year deferral of Master Street Plan requirements to Raines Road (1/2
street construction requirement).
2.A waiver of Master Street Plan requirements for the internal streets (to maintain
internal streets as private streets).
3.A waiver of Master Street Plan requirements for the internal sidewalk placement and
to allow walking trails as an alternative pedestrian circulation system
4.A variance to allow an increased lot depth to width ratio for Lots 12,13 and 20.
June 26,2003
ITEM NO.:C Cont.FILE NO.:S-1385
A.PROPOSAL:
The applicant proposes to subdivide this 38 acre tract into 22 one-acre horne
site,walking trails around a five acre lake and twelve acres of woodlands in a
private gated community.The development is requesting a waiver of Master
Street Plan requirements to allow the subdivision to develop with private streets
and walking trails as an alternative pedestrian circulation system.
The development is proposed as a fenced,private gated community with under
ground utilities and a private wastewater collection and treatment facility.The
applicant is proposing a Step System in which each unit will have a septic tank
where the solids are contained and the liquids are drained through lines to be
collected into a second holding tank to be treated and later be discharged into
the Callaghan Creek.(The site is located outside the city limits therefore
connection to the Little Rock Wastewater Utility system is not an option without
annexation.)
There are four waivers and variances being requested as a part of the
development.The applicant is requesting a waiver of Master Street Plan
requirements to Raines Road.The applicant is also requesting a waiver of theMasterStreetPlanrequirementsfortheinternalstreets.As stated the streets
will be maintained as private streets and will be constructed to City standard withtheexceptionofsidewalks.The applicant has indicted the desired effect is that
of a rural setting.
The applicant is requesting a variance to allow three of the 22 lots to develop atagreaterlotdepthtowidthratiothanisallowedundertheSubdivisionOrdinance
and a variance to allow lots to development without public street frontage (privatestreetswillservethedevelopment).
The City's Master Street Plan also indicates a Collector street located on the
applicant's western property line.Staff has reviewed the Master Street Plan andhasdeterminedduetothedevelopmentpatternintheareaaCollectorinnotneededinthislocation.Staff is requesting the Commission review the
abandonment of the Collector street from the Master Street Plan as apart of this
application.
B.EXISTING CONDITIONS:
The site is vacant;tree covered and gently sloping from the west and north to theeastandsouth.The area is primarily single family in both stick built and
manufactured homes.The area to the south is a non-conforming non-residentialusesatonetimeusedasasalvageyard.
C.NEIGHBORHOOD COMMENTS:
Southwest United for Progress,the Crystal Valley Neighborhood Association andtheOtterCreekHomeownersAssociationalongwithallabuttingpropertyownerswerenotifiedofthePublicHearing.As of this writing,staff has not received anycommentfromarearesidents.
2
June 26,2003
ITEM NO.:C Cont.FILE NO.:S-1385
D.ENGINEERING COMMENTS:
Public Works:
1.Raines Road is classified on the Master Street Plan as a minor arterial.A
dedication of right-of-way 45-feet from centerline will be required.
2.There is an un-named collector street shown on the Master Street Plan that
runs along the western boundary of the proposed subdivision.A dedication
of right-of-way 30-feet from the property boundary will be required.
3.Provide design of boundary streets conforming to the Master Street Plan.
Construct one-half street improvement to these streets including 5-foot
sidewalks with planned development.
4.A sidewalk is required on one side of Lake Lucca Road to the intersection of
Lake Luccea Court.
5.Obtain a NPDES storm water permit from the Arkansas Department of
Environmental Quality prior to the start of construction.
6.Alteration of the water course will require approval from the Little Rock District
of the US Army Corps of Engineers prior to start of work.
7.The proposed alteration of the floodway will require flood map revisions.
Obtain conditional approval from Pulaski County and the Federal Emergency
Management Agency prior to start of construction.
8.This typical section does not meet Master Street Plan cross section
requirements.The typical residential section is 26-feet wide from back ofcurbtobackofcurb.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Outside service boundary,no comment.
EntercnE Approved as submitted.
Center-Point Ener:Approved as submitted.
SBC:Approved as submitted.
Central Arkansas Water:Installation of water facilities will be required in order to
provide adequate fire protection and water service to this property,All CentralArkansasWaterrequirementsineffectatthetimeofrequestforwaterservice
must be met.This development will have minor impact on existing water
distribution system.Proposed water facilities will be sized to provide adequatepressureandfireprotection.Contact Central Arkansas Water at 992-2438 for
additional details.
Fire De artment:Place fire hydrants per code.Contact the Little Rock Fire
Department at 918-3752 for additional details.
3
June 26,2003
ITEM NO.:C Cont.FILE NO.:S-1385
Count Plannin:No comment received.
CATA:No comment received.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:No comment.
~Landsca e:No comment.
G.SUBDIVISION COMMITTEE COMMENT:(May 22,2003)
Mr.Mike Watson of the Mehlburger Firm was present representing the
application.Staff briefly described the proposal indicating the site was located
outside the city limits but in the City's Extraterritorial Planning Jurisdiction.Staff
stated the applicant was proposing the placement of a private wastewater
collection and treatment facility on the site.Staff requested the applicant
provide additional information concerning the wastewater collection and
treatment facility.
Staff stated there were a number of waivers and variances being requested for
the proposed development.Staff stated the applicant was requesting waivers for
Master Street Plan requirements and lot development standards.There was a
discussion concerning the proposed Collector street located on the western
property line to extend from Raines Road north to eventually connect with
Sullivan Road.There was also a discussion concerning the ordinance
requirements with regard to setbacks related to a collector street.Mr.Watson
stated with the development pattern in the area a Collector street was no longer
necessary.He stated the area to the west had developed with a cul-de-sac and
the rear of the homes would abut the street.He stated even if his owner
developed one-half of the street the other one-half would not be developed.
Public Works comments were addressed.Staff stated right-of-way would be
required along Raines Road.Staff stated the Master Street Plan did require one-
half street improvements to the road and the waiver would have to be sought
from the Commission and ultimately the Board of Directors.Staff also stated per
the Master Street Plan a sidewalk was required along Lake Lucca Road to the
intersection of Lake Luccea Court.
Mr.Watson stated he would meet with his client and discuss the comments.Me
stated he would return a revised plan to staff by the requested date.There were
no additional comments for discussion.The Committee then forwarded the item
to the full Commission for final action.
4
June 26,2003
ITEM NO.:C Cont.FILE NO.:S-1385
H.ANALYSIS:
The applicant submitted a revised plan to staff addressing the issues raised at
the May 22,2003 Subdivision Committee meeting.The applicant has requested
a five (5)year deferral of half street construction to Raines Road.Staff is
supportive of this request.
The applicant has also requested a variance from the Subdivision Ordinance to
allow Lots 12,13 and 20 to develop with an increased depth to width ratio.The
Subdivision Ordinance states no lot maybe developed at a depth greater thanthreetimesthewidth[Section 31-232(b)].Staff is supportive of the request toallowanincreaseddepthtowidthratioforthesethreelots(Lots 12,13 and 20).
The applicant is also requesting the subdivision be developed with privatestreets.Per the Subdivision Ordinance private streets shall be discouraged
however private streets maybe approved by the Planning Commission to serveisolateddevelopment.The streets are to be constructed to public streetstandardsandareonlypermissibleintheformofcul-de-sac and short loopstreets.The lots may develop on private street frontage if explicitly approved bythePlanningCommission.The applicant has indicated the streets will conform
to Master Street Plan design standard with the exception of the sidewalk
placement.
Three of the lots will abut Raines Road and the internal street.A variance toallowtheselotstodevelopasdoublefrontagelotsisnotrequired.(Section 31-
232(d)double frontage lots are prohibited however reverse frontage lots are
permitted where a subdivision abuts or contains an existing or proposed arterialstreet,freeway,expressway or railroad right-of-way.)
The proposed development will utilize a private wastewater collection andtreatmentfacility.The facility is proposed as a Step System utilizing individualseptictankstocontainthesolidswhiletheliquidsarepumpedoff.The liquidsarethencollectedtoacentralizedtreatmentfacilitywheretheyaretreatedpriortoreleaseintheCallahanCreek.The applicant will be required to work with theStateHealthDepartmenttoobtainapprovalsofthistypesystem.
There is a proposed Collector street shown on the City's Master Street Plan
along the applicant's western boundary.Staff has review the Master Street Planandhasdeterminedacollectorstreetinthisareaisnotnecessaryduetothedevelopmentpatternsinthearea.The area to the west has developed with therearofthehomesabuttingtheproposedCollectorstreetandtheproposedsubdivisionistobedevelopedwiththerearofthehomesabuttingtheproposedcollectorstreet.Neither subdivision would take access to the street and both areaccessedbycul-de-sac streets.Staff will forward a Master Street PlanamendmenttotheBoardofDirectorsshouldtheCommissionapprovetheremovaloftheCollectorstreetfromtheMasterStreetPlan.
To Staff's knowledge,there are no outstanding issues associated with theproposedrequest.The request is consistent with development patterns in theareaandshouldhaveminimaltonoadverseimpactonthesurroundingarea
5
June 26,2003
ITEM NO.:C Cont.FILE NO.:S-'I385
STAFF RECOMMENDATION:
Staff recommends approval of the request as filed subject to compliance with the
conditions outlined in paragraphs D,E and F of this report
Staff is supportive of the requested five (5)year deferral of Master Street Plan
requirements to Raines Road (1/2 street construction requirement).
Staff is supportive of the request waiver to allow the internal streets and to
maintain internal streets as private streets.
Staff recommends approval of the request to allow the paved walking trails to
serve as an alternative pedestrian circulation system.
Staff is supportive of the requested variance to allow an increased lot depth to
width ratio for Lots 12,13 and 20.
Staff recommends the Master Street Plan be amended to remove a proposedcollectorstreetfromtheMasterStreetPlanadjacenttothewesternboundaryoftheproposeddevelopment.
PLANNING COMMISSION ACTION:(JUNE 12,2003)
Mr.Mike Watson of the Mehlburger Firm was present representing the request.Therewereobjectorspresent.Staff presented the item with a recommendation of approvalsubjecttocompliancewiththeconditionsoutlinedinparagraphsD,E and F of theabovereport.Staff also presented positive recommendations of the waivers andvariancestotheSubdivisionandMasterStreetPlanOrdinances.Staff stated they were
supportive of the requested five (5)year deferral of Master Street Plan requirements to
Ravines Road (1/2 street construction requirement)and the request to allow the internalstreetstobemaintainedasprivatestreets.Staff stated the request for paved walkingtrailstoserveasanalternativepedestriancirculationsystemwasalsobeingsupported.
Staff presented a positive recommendation of the Subdivision Ordinance variance
request to allow an increased lot depth to width ratio for Lots 12,13 and 20.
Staff stated the Master Street Plan included a proposed Collector Street along thepropertieswesternboundary.Staff stated after a review of the Master Street Plan ithadbeendeterminedduetothedevelopmentpatternintheareaStaffwasrequestingtheproposedCollectorStreetberemovedfromtheMasterStreetPlan.Staff stated iftheCommissionagreedtheirrecommendationwouldbeforwardedtotheBoardofDirectorswiththeamendmentrequest.
John Wallis spoke in opposition of the proposed development.He stated his concernswerewiththedischargeofthewastewatersystemintothecreek.He stated his
property adjoined the site to the east and this was the low area of the site.Hequestionedhowthewastewatercollectiontreatmentsystemwouldbehandled
6
June 26,2003
ITEM NO.:C Cont.FILE NO..S-1385
Mr.Gary Boyle raised questions concerning the proposed development.He stated he
was the fire chief in the area and he had not been contacted concerning the proposed
development.The Commission questioned why the volunteer fire department was notcontacted.Staff stated this was an oversight and they would work with the fire chief to
resolve his concern.Mr.Boyle stated he had a concern with the development only
allowing one entrance into the subdivision.
Ms.Cindy Nalley stated she also was concerned with the proposed development and
the discharge into the Callaghan Creek.She stated the area was a rural area and the
development of the site with 20 new homes was somewhat intense.She questioned
the requested waiver of street improvements stating Raines Road was a narrow two-
lane road.She stated with the development there would be additional traffic into theareaandtheroadwayshouldbewidenedtoaccommodatetheincreasedtraffic.
Ms.Cindy Dawson,Deputy City Attorney,questioned if the Commission could hear the
item.She stated the Subdivision Ordinance clearly required the submission of approval
from the Arkansas Department of Health concerning the wastewater collection andtreatmentfacilityatthetimeofpreliminaryplatsubmittal.Ms.Dawson referred toSection31-400 stating the Commission could not vote on the plat until the applicant
had all the required documentation necessary.
There was a general discussion concerning the proposed requirements and howapplicationsinthepasthadbeenhandled.Staff stated in the past they had notreviewedanapplicationwhichwouldbeutilizingaprivatewastewatercollectionandtreatmentfacility.
The applicant stated the Health Department required construction drawing prior to theissuanceofaletterstatingadesignwouldworkinanarea.Staff stated then a letter
stating they would not approve the concept would need to be furnished.
A motion was made to defer the item to the June 26,2003 Public Hearing.The motioncarriedbyavoteof10ayes,0 noes and 1 absent.
PLANNING COMMISSION ACTION;(JUNE 26,2003)
The applicant was not present.Staff stated the applicant was working with the
Arkansas Department of Health to resolve the outstanding wastewater issues related to
the plat.Staff stated the applicant had requested the item be deferred to the July 24,
2003 Public Hearing.
There was no further discussion of the item.The Chair placed the item on the Consent
Agenda for deferral.The motion carried by a vote of 9 ayes,0 noes and 2 absent.
7
June 26,2003
ITEM NO.:1 FILE NO.:Z-7410
Name:Williams Day Care Family Home —Special Use Permit
Location:11 Walnut Valley Drive
Applicant:Juan and Adriene Williams
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 11 Walnut Valley
Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who couldbeidentifiedandtheWalnutValleyNeighborhoodAssociationwerenotifiedofthepublichearing.The Walnut Valley Neighborhood Association has respondedwithaletterdatedJune9,2003 which is attached for Planning Commissionreview.
STAFF ANALYSIS:
11 Walnut Valley Drive is located on the east side of Walnut Valley Drive,whichrunsnorthoffofBreckenridgeDrive.All surrounding properties are zoned R-2andcontainsinglefamilyresidences.A private school is located to thesoutheastalongBreckenridgeDrive.
The applicant's home is a two-story brick and frame structure and is typical ofthoseinthegeneralarea.There is a two-car driveway along the north propertyline,with parking for four (4)vehicles.The rear yard is enclosed by a fence andprovidesasafeplayarea.The applicant proposes to operate the day care from7:00 a.m.to 5:00 p.m.,Monday through Friday.
The applicants provided a copy of the Bill of Assurance for the neighborhood,which was recorded in 1970.The Bill of Assurance appears to still be in effect,and contains the following statements:
"Use of Land.Except as herein provided,none of the lots herebyrestrictedmaybeimproved,used or occupied for other than privateresidencepurposes,and no duplex,flat or apartment house,
although intended for residence purposes,may be erected thereon.
Any residence erected or maintained on any of the lots herebyrestrictedshallbedesignatedforoccupancybyasinglefamily."
June 26,2003
ITEM NO.:1 Cont.FILE NO.:Z-7410
"Commercial Structures.No building or structure of any sort may
ever be placed,erected,or used for business,professional,trade,
or commercial purpose on any portion of any lot."
The principal use of the property will remain single family residential.No signage
beyond that allowed in single family zones will be permitted.The applicants
have noted that they are 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:
a.This use may be located only in a single family home,occupied by 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.
Special Use Permits are not transferable in any manner.Permits cannot be
transferred from owner to owner,location to location or use to use.
To staff's knowledge,there are no outstanding issues associated with this
application.Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 11 Walnut Valley Drive,subject to the following conditions:
1.Compliance with the site and location criteria established in Section
36-54(e)(3).
2.There is to be no signage beyond that permitted in single family zones
3.Outdoor activities,including playground use,are to be limited to day-lighthours.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Juan and Adriene Williams were present,representing the application.There
were two (2)persons present with concerns.Staff presented the item with a
2
June 26,2003
ITEM NO.:1 Cont.FILE NO.:Z-7410
recommendation of approval.Chairman Rahman decided to hear from the
opponents first.
Shelly McGhee addressed the Commission in opposition.She noted that there
should be a revocation process for special use permits and explained.She read
a letter which was sent to Mayor Dailey addressing this issue.She referred to
the Walnut Valley Neighborhood Bill of Assurance.She referred to the
paragraphs as quoted in the staff report.
Commissioner Lowry asked if the Commission could address Bill of Assurance
issues.Cindy Dawson,City Attorney,stated that a Bill of Assurance was a
private document and the Commission could not address compliance issues
associated with them.
Jan Taylor also addressed the Commission in opposition.She discussed
Commission consideration of Bill of Assurance issues when making decisions on
applications.She noted that the City's ordinance should be revised to have a
revocation clause for special use permits.She noted that there were too many
day care uses in the Walnut Valley neighborhood.
Cindy Dawson stated that the Commission could consider Bill of Assurance
issues,but not make decisions on whether anything constituted a violation of a
Bill of Assurance.Commissioner Faust asked if special use permits could be
revoked.Jim Lawson,Director of Planning and Development,stated that they
could be enforced on and ultimately revoked if the conditions found in Section
36-54 of the Zoning Ordinance were not complied with.
There was a brief discussion related to the number of day care family homes in
this area.
James Williams addressed the Commission in support of the application.He
stated that he talked to all of his neighbors,and that none of them had a problem
with his day care use.He noted that he had six (6)children of his own,but that
they only cared for three (3)children.
There was a brief discussion related to the number of children needed to require
a special use permit.
Commissioner Muse asked how many employees the Williams had.They stated
that they had no employees and explained.Commissioner Floyd discussed the
number of children which could be kept in the home.
There was additional discussion related to the ordinance requirements for a daycarefamilyhomeandthenumberofchildrentheapplicantscarefor.
3
June 26,2003
ITEM NO 1 Cont FILE NO Z-7410
There was a discussion as to whether the number of children the applicants care
for required a special use permit.
Commissioner Lowry asked if the application could be deferred pending a
clarification of the day care family home definition and regulations.There was
additional discussion of the special use permit requirements.
Mr.I awson suggested withdrawing the application and not requiring a special
use permit for the Williams'ay care use.Mr.Williams requested to withdraw
the application.
There was a motion to withdraw the application.The motion passed by a vote of
9 ayes,0 nays and 2 absent.The Commission determined that a special use
permit was not required for the number of children the Williams cared for.
4
homes
walnut valley association
g -7+/co
1205 North Shackleford
Little Rock,Arkansas 72211
Mi'.Jnn Lcisvsoil,
Dlicctoi'epartmentot'Planning and Development
723 W Markham
E.ittle Rock,AR 72201-1334
Mr.I.awson:
Notice was received from your department regarding tv o requests for Special Use Permits (SUP)(Z7422 andZ7410)for day care family homes located in Walnut Valley It's my understanding the hearing is scheduled for
June 26"'nd I v ish this document to be presented to the cominission and made a part of that hearing.
While Walnut Valley's Board of Directors is not strictly opposed to incidental business use of a home designated R-
2,a significant concern has arisen lately when that use inay be determined to be in violation of the Walnut ValleyBillofAssurance(WVBOA)on record with the Pulaski County Cleik,Documenttt 8s744;Bool-121",Page 255
While the actual granting of a Special Use Permit is in fact,a recognition that zoning regulations currently in effect
for that property are not compatible for the SUP being considered,considerable attention should be focused at the
Planning Commissions'evel as to whether this "special use"will be transparent to the surrounding property owners
and-its effect wilf be truly incidental.
There has also been a concern expressed at our recent Board meetings that the SUP has no policy or procedure for
review and/or withdrawal over the course of its lifetime.SUP's are by definition,"exceptions"to the rule and
should be granted or denied based on the circumstances at the time.Those circumstances are of course in a dynamicsetting--they will change and they should be reviewed,
This periodic review and a process that can determine the SUP's continuing effect on surrounding property owners
is aramount when granting or denying such an exception in a residentiai setting.syhiie the planning commission
provides an avenue for the applicant who was initially denied an Sttp to re-submit and be '*reheard",such routes are
unavailable to the other.parties when the situation is reversed arid would seem to deny due process at the level of the
cominl Ssion.
As the commission considers these applications,please keep in mind the following:
Both applicants are members of the Walnut Valley Homeowners Association in which a Bill of Assurance and
Declaration are in effect.
Approval of both applications will bring the number to three SUP's for day-care family homes in a two-block radiusofPhaseIoftheWalnutValleyAdd'ition.(Pleasant Cove,Cherry Valley and Walnut Valley).Two of these streets
(Cherry Valley and Walnut Valley)also serve as the east entrance and exit to a large apartment complex.
RECKIVED
.opy:file
JUN I 0 ~0~3
HY,
June 26,2003
ITEM NO.:2 FILE NO.:Z-7413
Name:Lewis Day Care Family Home —Special Use Permit
Location:2508 S.Harrison Street
Ap p li cant:Roosevelt and Rosemary Lewis
Proposal:A Special Use Permit is requested to allow a Day Care
Family Horne to be operated in the single family residence
located on the R-3 zoned property at 2508 S.Harrison
Street.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who could
be identified and the Curran-Conway,Midway and Oak Forest Neighborhood
Associations were notified of the public hearing.
STAFF ANALYSIS:
2508 S.Harrison Street is located on the west side of S.Harrison Street,north ofAsherAvenue,and across from the Curran-Conway baseball complex.The
properties to the north,south and west are zoned R-3 and contain single familyresidences.
The applicants'ome is a one-story frame structure and is typical of those in the
general area.There is an existing single car driveway from Harrison Street.The
rear yard is enclosed by a fence and provides a safe play area.The applicants
propose to operate the day care from 6:00 a.m.to 6:00 p.m.,Monday through
Friday.
The applicants researched Bill of Assurance information at the Pulaski County
Circuit Clerk's Office.They found that the Bill of Assurance for this
neighborhood was recorded in 1907 and is no longer valid.
The principal use of the property will remain single family residential.No signage
beyond that allowed in single family zones will be permitted.The applicants
have noted that they are licensed by the State Department of Human Services
Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes thesiteandlocationcriteriafordaycarefamilyhomesasfollows:
a.This use may be located only in a single family home,occupied by the care
giver.
June 26,2003
ITEM NO.:2 Cont.FILE NO..Z-7413
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.
Special Use Permits are not transferable in any manner.Permits cannot be
transferred from owner to owner,location to location or use to use.
To staff's knowledge,there are no outstanding issues associated with this
application.Staff feels that the proposed day care family horne at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care familyhomeat2508S.Harrison Street,subject to the following conditions:
1 Compliance with the site and location criteria established in Section
36-54(e)(3).
2.There is to be no signage beyond that permitted in single family zones.
3.Outdoor activities,including playground use,are to be limited to day-light
hours.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Roosevelt and Rosemary Lewis were present,representing the application.
There were two (2)persons present with concerns.Staff presented the
application with a recommendation of approval.Chairman Rahman decided to
hear from the objectors first.
Robert Hooks,president of the Oak Forest Movers and Shakers Crime Watch,
addressed the Commission in opposition.He discussed concerns as outlined in
a letter to the Commission dated June 14,2003.He stated that the applicant did
not live in the residence at 2508 S.Harrison Street and that the privacy fence
was constructed without a permit.
Janelle Romandia also addressed the Commission in opposition.She primarily
discussed the crime rate within the neighborhood.
2
June 26,2003
ITEM NO.:2 Cont.FILE NO.;Z-7413
Roosevelt and Rosemary Lewis addressed the Commission in support of the
application.Mrs.Lewis stated that they had two (2)residences (2508 S.
Harrison Street and one in Southwest Little Rock)and explained.She discussed
other aspects of the day care family home.
In response to a question from Commissioner Lowry,Mrs.Lewis stated that
neither house was their primary residence.Jim Lawson,Director of Planning
and Development,stated that the ordinance required that the day care family
home be located in their primary residence.He stated that the Commission
needed to determine if 2508 S.Harrison Street was their primary residence.
Commissioner Lowry asked Mr.and Mrs.Lewis where they voted.Mrs.Lewis
stated that she voted in Southwest Little Rock and Mr.Lewis stated that he voted
at the Dunbar Community Center.
Mr.Lewis discussed issues related to traffic in the area and the fence which was
constructed.
Chairman Rahman questioned whether 2508 S.Harrison Street was Mr.and
Mrs.Lewis'rimary residence.Mrs.Lewis explained that they lived at each
residence an equal amount of time.Commissioner Allen asked how many nights
per week they stayed at the S.Harrison Street address.Mr.Lewis responded
2 to 3 nights per week.
There was a motion to approve the application as recommended by staff.The
motion failed by a vote of 0 ayes,9 nays and 2 absent.The application was
denied.
3
June 26,2003
ITEM NO.:3 FILE NO..Z-7420
Name:Ester Day Care Family Home —Special Use Permit
Location:2705 S.Gaines Street
Applicant:Helen Ester
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-4 zoned property at 2705 S.Gaines Street.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who could
be identified and the Downtown,East of Broadway,Meadowbrook and MLK
Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS:
2705 S.Gaines Street is located on the east side of S.Gaines Street,south ofRooseveltRoad.The surrounding properties are zoned R-4 and contain single
family residences.There is a commercial building located at the southeastcorneroftheblock.
The applicants'ome is a two-story frame structure and is typical of those in thegeneralarea.There is a two-car driveway from the alley which runs along theeastpropertyline.The front and side yards are enclosed with a fence and
provide a safe play area.The applicant proposes to operate the day care from6:30 a.m.to 6:00 p.m.,Monday through Friday.
The principal use of the property will remain single family residential.No signagebeyondthatallowedinsinglefamilyzoneswillbepermitted.The applicant's daycareusehasoperatedat2112S.Izard Street since 1988.The purpose of this
application is to relocate to 2705 S.Gaines Street.
Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes thesiteandlocationcriteriafordaycarefamilyhomesasfollows:
a.This use may be located only in a single family home,occupied by the care
giver.
b.Must be operated within licensing procedures established by the State ofArkansas.State regulations shall control the number of employees residingoffpremises.
June 26,2003
ITEM NO.:3 Cont.FILE NO.:Z-7420
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.
Special Use Permits are not transferable in any manner.Permits cannot be
transferred from owner to owner,location to location or use to use.
To staff's knowledge,there are no outstanding issues associated with this
application.Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 2705 S.Gaines Street,subject to the following conditions:
1.Compliance with the site and location criteria established in Section
36-54(e)(3).
2.There is to be no signage beyond that permitted in single family zones.
3.Outdoor activities,including playground use,are to be limited to day-light
hours.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff.A motion to that effect
was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The
application was approved.
2
June 26,2003
ITEM NO.:4 FILE NO.:Z-7422
Name:Clayton Day Care Family Home —Special Use Permit
Location:¹2 Cherry Valley Drive
Applicant:Ruthie Clayton
Proposal:A Special Use Permit is requested to allow a Day Care
Family I-lorne to be operated in the single family residence
located on the R-2 zoned property at ¹2 Cherry Valley Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who could
be identified and the Walnut Valley Neighborhood Association were notified ofthepublichearing.The Walnut Valley Neighborhood Association has responded
with a letter dated June 9,2003 which is attached for Planning Commission
review.
STAFF ANALYSIS.
¹2 Cherry Valley Drive is located on the north side of Cherry Valley Drive,northofBreckenridgeDrive(northwest corner of Cherry Valley Drive and Walnut
Valley Drive).All surrounding properties are zoned R-2 and contain single familyresidences.There is a multifamily development to the west at the end of Cherry
Valley Drive.
The applicant's home is a two-story brick and frame structure and is typical ofthoseinthegeneralarea.There is a two-car driveway from Walnut Valley Road.The rear yard is enclosed by a fence and provides a safe play area.The
applicant proposes to operate the day care from 6:00 a.m.to 5:30 p.m.,Monday
through Friday.
The applicants provided a copy of the Bill of Assurance for the neighborhood,
which was recorded in 1970.The Bill of Assurance appears to still be in effect,and contains the following statements:
"Use of Land.Except as herein provided,none of the lots hereby
restricted may be improved,used or occupied for other than privateresidencepurposes,and no duplex,flat or apartment house,
although intended for residence purposes,may be erected thereon.
Any residence erected or maintained on any of the lots hereby
restricted shall be designated for occupancy by a single family."
June 26,2003
ITEM NO.:4 Cont.FILE NO..Z-7422
"Commercial Structures.No building or structure of any sort may
ever be placed,erected,or used for business,professional,trade,
or commercial purpose on any portion of any lot."
The principal use of the property will remain single family residential.No signage
beyond that allowed in single family zones will be permitted.The applicants
have noted that they are licensed by the State Department of Human Services.
The applicant has noted that the day care family home has existed since 1999.
Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes the
site and location criteria for day care family homes as follows:
a.This use may be located only in a single family home,occupied by the care
giver.
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.
Special Use Permits are not transferable in any manner.Permits cannot be
transferred from owner to owner,location to location or use to use.
To staff's knowledge,there are no outstanding issues associated with this
application.Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at ¹2 Cherry Valley Drive,subject to the following conditions:
1.Compliance with the site and location criteria established in Section
36-54(e)(3).
2.There is to be no signage beyond that permitted in single family zones.
3.Outdoor activities,including playground use,are to be limited to day-light
hours.
2
June 26,2003
ITEM NO.:4 Cont.FILE NO.:Z-7422
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Ruthie Clayton was present,representing the application.There were two (2)
persons present with concerns.Staff presented the application with a
recommendation of approval.Chairman Rahman stated that the opposition
would be heard from first
Mark McGhee addressed the Commission in opposition.He noted that the day
care family home did not comply with the neighborhood's Bill of Assurance.He
noted that he lived next door to a day care family home on Pleasant Cove,and
explained his concerns with this type of day care use.
Shelly McGhee also addressed the Commission in opposition to the application.
She discussed concerns with day care family homes being operated in the
neighborhood.
Ruthie Clayton addressed the Commission in support of the application.She
stated that she has operated the day care family home at this location since
1999 with no complaints from neighbors.
Commissioner Lowry asked Ms.Clayton if she lived in the residence.
Ms.Clayton stated that she did live in the home.Commissioner Lowry also
asked Ms.Clayton if she had children of her own.She stated that she had three
(3)children,ages 14 to 15.
Chairman Rahman asked Ms.Clayton how long she has operated a day care
family home at this location.Ms.Clayton stated that she has operated the day
care since 1999.
Commissioner Floyd asked if special use permits could be denied by the
Commission.Cindy Dawson,City Attorney,stated that special use permits
should be reviewed on their own merits and that they could be denied by the
Commission if determined to be an inappropriate use for an area.Jim Lawson,
Director of Planning and Development,noted that the day care family home had
existed since 1999 with no complaints from the neighbors.He also noted that
there had been past discussions related to amending ordinance requirements for
special use permits,but none had been made.
There was a motion to approve the Special Use Permit,as recommended by
staff.The motion passed by a vote of 7 ayes,2 nays and 2 absent.The
application was approved.
3
homes
walnut valley association
1205 North Shackleford i]-~&
Little Rock,Arkansas 72211 g.—ZPz.z.
%1r.)in&Lahvson,Director
Department of'Planning and Development
723 W Ivfarkham
Little Rock.AR 72201-1334
"VII.Lawson:
Notice was received from your department regarding two requests for Special Use Permits (SUP)(Z7422 andZ7410)for day care family homes located in Walnut Valley.It's my understanding the hearing is scheduled forJune26'nd I wish this document to be presented to the commission and made a part of that hearing.
While Walnut Valley's Board of Directors is not strictly opposed to incidental business use of a home designated R-
2,a significant concern has arisen lately when that use may be determined to be in violation ot the Walnut ValleyBillofAssurance(%pVBOA)on record with the pulaski County Clerl-,Documenty'I'8744;Book 1 12,Page 255.
While the actual granting of a Special Use Permit is in fact,a recognition that zoning regulations currently in effecttorthatpropertyarenotcompatiblefortheSUPbeingconsidered,considerable attention should be focused at thePlanningCommissions'evel as to v hether this "'special use"v ill be transparent to the surrounding property owners
and-its eAect wil1 be truly incidental.
There has also been a concern expressed at our recent Board meetings that the SUP has no policy or procedure forreviewandy'or withdrawal over the course of its lifetime.SLtP's are by definition,"exceptions"to the rule andshouldbegrantedordeniedbasedonthecircumstancesatthetime.Those circumstances are of course in a dynamicsetting—they will change and they should be reviewed,
This periodic review and a process that can determine the SUP's continuing elfect on surrounding property ownersisaramountwhengrantingordenyingsuchanexceptioninaresidentialsetting.While the pianning conrmission
provides an avenue for rhe appticant who was initially denied an SUP to re-submit and be '*reheard"such routes areunavailabletotheother-parties when the situatic n is reversed and would seem to deny due process at the level of thecomtn16Sion.
As the commission considers these applications,please keep in mind the follov ing:
Both applicants are members of the Walnut Valley Homeowners Association in which a Bill of Assurance andDeclarationareineffect.
Approval of both applications will bring the number to three SL'prs for day-care family homes in a two-block radiusofphaseIoftheWalnutVallevAddition.lpleasant Cove,Cherry Valley and Walnut Valley).Two of these streets
(Cherry Valley and Walnut Valley)also serve as the east entrance and exit to a large apartment complex.
RECE;IVVV
opy:tile
JUN I 0 2003
r
June 26,2003
ITEM NO.:5 FILE NO.:Z-4041-C
Owner:Dimac,Inc.
Applicant:Tracy Gill,Finley and Co.Real Estate
Location:11710 Vimy Ridge Road
Area:2.94 acres
Request:Rezone from R-2 to I-2
Purpose:Industrial (machined parts fabrication)
Existing Use:Industrial (machined parts fabrication)
SURROUNDING LAND USE AND ZONING
North —Industrial use;zoned 1-2
South —Church;zoned R-2
East —Industrial use (across Vimy Ridge Road);zoned I-3
West —Undeveloped property;zoned I-2
A.PUBLIC WORKS COMMENTS:
Vimy Ridge is classified on the Master Street Plan as a minor arterial.A
dedication of right-of-way 45 feet from centerline will be required.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C.PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site,all residents located
within 300 feet who could be identified and the Alexander Road,Quail
June 26,2003
ITEM NO.:5 Cont.FILE NO.:Z-4041-C
Run and SWLR United for Progress Neighborhood Associations were
notified of the rezoning request.
D.LAND USE ELEMENT:
This request is located in the Otter Creek Planning District.The Land Use
Plan shows Industrial for this property.The applicant has applied for a
zoning change to I-2 Light Industrial for an addition to a non-conforming
manufacturing plant currently zoned R-2 Single Family.
The request does not require a change to the Land Use Plan.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the Chicot West/1-30
South Neighborhood Action Plan.The Economic Development goal listed
two objectives relevant to this case.The first objective recommended
attracting more light industrial uses to the area.The second goal is to
retain existing businesses.
E.STAFF ANALYSIS:
Dimac,Inc.,owner of the 2.94 acre tract at 11710 Vimy Ridge Road,is
requesting to rezone the property from "R-2"Single Family District to "I-2"
Light Industrial District.The rezoning is proposed to allow the continued
use of the property as industrial.
There is an existing one-story commercial/industrial building located within
the east one-half of the property.There is an existing gravel driveway
from Vimy Ridge Road,with a gravel parking lot along the north side of
the building.The west portion of the property is undeveloped and
wooded.
There is an existing church development (zoned R-2)immediately south
of the property.Industrial uses (zoned I-2 and I-3)are located
immediately north and to the east across Virny Ridge Road.The property
to the west is undeveloped and zoned l-2.
The City's Future Land Use Plan designates this property as Light
Industrial.The proposed I-2 zoning does not require a change to the plan.
Staff is supportive of the requested rezoning to I-2.Staff feels that the I-2
rezoning is appropriate for this site,given the number of large industrial
uses located within this general area north of Alexander Road,along the
Interstate 30 corridor.This property has contained a nonconforming
2
June 26,2003
ITEM NO.:5 Cont.FILE NO.:Z-4041-C
industrial building and use for a number of years,as the property was
given an R-2 zoning when it was brought into the City's Zoning jurisdiction.
The proposed 1-2 zoning should have no adverse impact on the adjacent
properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested 1-2 zoning.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff.A motion to that effect
was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The
application was approved.
3
June 26,2003
ITEM NO.:6 FILE NO.:Z-7418
Owner:Caleb Land Group
Applicant:Charles A.Johnson,Jr.,The Citadel Real Estate Services
Location:1617 Aldersgate Road
Area:0.32 acre
Request:Rezone from R-2 to 0-2
Purpose:Future Office Development
Existing Use:Vacant Residential
SURROUNDING LAND USE AND ZONING
North —Residential (manufactured home and accessory building);
zoned R-2
South —Undeveloped;zoned 0-2
East —Residential;zoned R-2
West —Office Development (across Aldersgate Road);zoned POD
A.PUBLIC WORKS COMMENTS:
Aldersgate Road is classified on the Master Street Plan as a collector
street.A dedication of right-of-way 30 feet from centerline will be
required.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA's bus route ¹3 —Baptist Medical Center part-
time route.
June 26,2003
ITEM NO.:6 Cont.FILE NO.:Z-7418
C.PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site,all residents within
300 feet who could be identified,and the John Barrow,Twin Lakes "A"
and Twin Lakes "B"Special Improvement District Neighborhood
Associations were notified of the rezoning request.
D.LAND USE ELEMENT:
This request is located in the (-430 Planning District.The Land Use Plan
shows Suburban Office for this property.The applicant has applied for a
zoning change to 0-2 Office and Institutional for a medical office.
The request does not require a change to the Land Use Plan.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the John Barrow
Neighborhood Area Plan.The Market Analysis Summary contained in the
plan recommended encouragement of medical office developments in the
Baptist Medical Center area and along Kanis Road.
E.STAFF ANALYSIS:
Caleb Land Group,owner of the 0.32 acre property at 1617 Aldersgate
Road,is requesting to rezone the property from "R-2"Single Family
District to "0-2'ffice and Institutional District.The rezoning is proposed
to allow a future office development.
There is an old vacant single family residence and accessory building
located on the property,which are mostly overgrown with vines and
vegetation.Otherwise,the property is mostly tree-covered.
There are existing single family residential uses (including manufactured
homes)located to the north and east,along Perry Street.There is
undeveloped property immediately south,which was recently rezoned to0-2.An office park (zoned POD)which is currently under development is
located on the property across Aldersgate Road to the west.
The City's Future Land Use Plan designates this property as Suburban
Office.The proposed 0-2 zoning does not require a change to the plan.
Staff is supportive of the requested rezoning to 0-2.Staff feels that the
proposed 0-2 zoning is appropriate for the site,given the existing large
2
June 26,2003
ITEM NO.:6 Cont.FILE NO.:Z-7418
office developments to the north along Kanis Road and to the west across
Aldersgate Road,and the undeveloped 0-2 zoned property immediately
to the south.The proposed 0-2 zoning is a site plan review zoning,and
will require Planning Commission review and approval for any
development.Therefore,any buffer issues related to the adjacent
residential property will be able to be addressed at that time.The
proposed 0-2 zoning should have no adverse impact on the adjacent
properties or the general area.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested 0-2 zoning.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff.A motion to that effect
was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The
application was approved.
3
June 26,2003
ITEM NO.:7 FILE NO.:LU03-15-01
Name:Land Use Plan Amendment —Geyer Springs —West Planning
District
Location:9300 Mabelvale Pike
Receuest.Light Industrial to Commercial
Source:R.C.Coburn,Coburn Land 8 Leasing
PROPOSAL /REQUEST:
Land Use Plan amendment in the Geyer Springs —West Planning District from
Light Industrial 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.
Prompted by this Land Use Amendment request,the Planning Staff expanded
the area of review to include the area along the west side of Mabelvale Pike from
I-30 to Davmar Drive.The expansion of this application would result in the
establishment of a viable area shown as Commercial near the freeway
interchange connecting l-30,Mabelvale Pike,and Baseline Road.
EXISTING LAND USE AND ZONING:
The applicant's property is a vacant house and accessory structure currently
zoned R-2 Single Family and is approximately 2.7+acres in size.The
expanded area is 12.8+acres in size.The expanded area includes a strip
shopping center zoned R-2 Single Family and a tire store zoned C-4 General
Commercial.The neighboring property to the south of the applicant's property
was the subject of a zoning change from R-2 to I-2 Light Industrial heard before
the April 3,2003 Planning Commission meeting in which the application was
amended and approved for a change from R-2 to C-4.The Board of Directors
approved the change to C-4 on May 13,2003.The remainder of the expanded
area zoned R-2,includes houses fronting Mabelvale Pike,plus two warehouses
fronting Davmar Drive.The north side of I-30 is zoned C-3 General Commercial
for a mattress store and motel.The land to the east consists of vacant property
zoned C-3 (four houses zoned C-3 have been recently removed)as well as three
houses fronting Mabelvale Pike zoned R-2.All of the land to the south of
Davmar between Davrnar and Sibly Hole Road is vacant land zoned R-2.The
land to the west consists of light manufacturing and warehouses zoned 1-2 Light
Industrial.The area 2/3 of a mile to the northeast on Baseline Road is zoned C-
4 Open Display Commercial and developed with a big box retail development
and accompanying out-parcels.
June 26,2003
ITEM NO..7 Cont.FILE NO.:LU03-15-01
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On April 2,2002,a change was made from Single Family to Public Institutional
on Mabelvale Main about 8/10 of a mile to the southwest of the study area to
recognize existing conditions.
On September 19,2000 a change was made from Mixed Use to Neighborhood
Commercial on the northwest corner of Mabelvale West and Mabelvale Main
about '/~of a mile southwest of the amendment area to accommodate proposed
development.
On January 4,2000 a change was made from Commercial and Multifamily to
Mixed Use at 9125 Mann Road about 1 mile east of the applicant's property to
accommodate proposed development.
On December 20,1999 a change was made from Single Family to Light
Industrial at 8006 Mabelvale Pike about a "6 mile northeast of the expanded area
to accommodate proposed development.
On June 15,1999 a change was made from Single Family to Service Trades
District at 9620 Baseline Road about V~of a mile to the north of the original
application area to accommodate proposed development.
On November 4,1997 a change was made from Commercial,Industrial,and
Mixed Office Commercial to Community Shopping in an area from Mann Road
north to Baseline Road between Mabelvale Pike and Merrivale subdivision
across the street to the east of the application area.
The amendment area is shown as Light Industrial on the Future Land Use Plan.
The area north of 1-30 is shown as Mixed Commercial and industrial while the
land east of Mabelvale Pike is shown as Community Shopping.The remainder
of the land to the south and west is shown as Light Industrial.The area 2/3 of a
mile to the northeast on Baseline Road is shown as Commercial.
MASTER STREET PLAN:
I-30 is shown on the Master Street Plan as a Freeway.The freeway interchange
connecting l-30,Mabelvale Pike,and Baseline Road is currently being rebuilt.
Mabelvale Pike is shown as a Minor Arterial and is built as a rural two-lane road.
Improvements would be needed to make Mabelvale Pike conform to the Master
Street Plan design standards for a Minor Arterial.Davmar Drive is a private
gravel road that serves as an Industrial street.There are no bikeways shown on
the Master Street Plan that would be affected by this amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 includes a map
showing that the study area is located inside a service deficit area.Park or open
space facilities would need to be developed,or designated,within eight-blocks of
the applicant's property to fulfill the park plan's eight-block strategy of providing
2
June 26,2003
ITEM NO.:7 Cont.FILE NO.:LU03-15-01
park and open space amenities within an eight-block walk of all Little Rock
residents.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the Chicot West /I-30 South
Neighborhood Action Plan.The economic development goal listed an objective
of attracting more light industrial uses to the area and also listed an action
statement of attracting businesses oriented toward middle class consumers and
locating such businesses in currently vacant buildings.
ANALYSIS:
The study area is changing due to the realignment of the l-30,Mabelvale Cutoff /
Baseline Road interchange.Currently the majority of the existing Commercial
uses are located on the I-30 frontage road to take advantage of the I-30 highway
interchange.The intensity of development decreases as the distance from the
interchange increases.The C-3 zoned residences on the east side of Mabelvale
Pike across from the study area have been removed for a new big box retail
development.The current interchange is between a Freeway,Principal Arterial,
and a Minor Arterial.The realignment of the interchange is likely to increase the
flow of traffic in the area.The increased traffic in the area should attract more
businesses to the area wishing to take advantage of the new transportation
advantages being developed in the area.
Most of the study area has not developed for industrial uses while much ot the
residential structures are either vacant or have been removed.The properties
accessed from the 1-30 frontage road form a strip of existing commercial uses
Since the residential properties fronting Mabelvale Cutoff are vacant and face
future non-residential uses across the street,the study area is losing viability for
residential uses.Two of the three properties fronting Davmar Drive inside the
study area are vacant and can either be converted to commercial uses,or are
already compatible with commercial uses.The construction of a new highway
interchange is likely to encourage non-residential development situated to benefit
from the transportation advantages of the area.Since a large portion of the
study area consists of vacant land isolated from access to public streets and
utilities,improvements in infrastructure would be needed.
Commercial uses are expanding toward the study area from Baseline Road at I-
30.The area 2/3 of a mile to the northeast of the study area,on Baseline Road
near the I-30 interchange,has attracted big box retail and related out-parcels
and expanded hours of operation.New commercial developments are
expanding to the west with businesses under construction along the I-30 south
3
June 26,2003
ITEM NO.:7 Cont.FILE NO.;LU03-15-01
frontage road between the intersections of Baseline Road and Mabelvale Pike.
Although there is a large amount of existing industrial uses in the area,most of it
is located to the west of the study area.Much of the area shown as light
industrial remains vacant with no new industrial developments occurring.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:Allendale
Neighborhood Association,Chicot Neighborhood Association,Cloverdale
Neighborhood Association,Deer Meadow Neighborhood Association,Legion Hut
Neighborhood Association,Mavis Circle Neighborhood Association,Pinedale
Neighborhood Association,Rob Roy Way Neighborhood Association,Santa
Monica Neighborhood Association,Shiloh Homeowners Association,Town 8
Country Estates Neighborhood Association,West Baseline Neighborhood
Association,Yorkwood Neighborhood Association,Oxford Valley Homeowners
Association,and SW Little Rock UP.Staff has received one comment in support
from area residents.Mavis Circle Neighborhood Association,which is south of
the site,is in support of the change.
STAFF RECOMMENDATIONS.
Staff believes the change is appropriate.A change to Commercial would
recognize the changing conditions of the study area.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Brian Minyard,City Staff,made a brief presentation to the commission.Joyce
Plant,an owner of property in the expanded area spoke to the commission that
she was not necessarily opposed to the application,she had questions as to
what the use was going to be.Monte Moore made a presentation of item 7.1 so
the discussion could coincide with the discussion for item 7.See item 7.1 for a
complete discussion concerning the accompanying zoning item.
A motion was made to approve the item as presented.The item was approved
with a vote of 9 ayes,0 noes,and 2 absent.
4
June 26,2003
ITEM NO..7.1 FILE NO.:Z-7419
Owner:Coburn Land and Leasing,LLC
Applicant:R.C.Coburn
Location:9300 Mabelvale Pike
Area:2.7 acres
Request:Rezone from R-2 to C-4
Purpose:Commercial Development
Existing Use:Single Family Residential
SURROUNDING LAND USE AND ZONING
North —Commercial uses;zoned R-2 and C-4
South —Single Family Residence and Undeveloped;zoned R-2 and C-4
East —Undeveloped (across Mabelvale Pike);zoned C-3
West —Industrial Use and Undeveloped;zoned 1-2
A.PUBLIC WORKS COMMENTS:
Mabelvale Pike is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
B.PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C.PUBLIC NOTIFICATION:
All property owners located within 200 feet of the site,all residents located
within 300 feet who could be identified,and the Mavis Circle,Pinedale,
June 26,2003
ITEM NO.:7.1 Cont.FILE NO.:Z-7419
West Baseline and SWLR United for Progress Neighborhood
Associations were notified of the rezoning request.
D.LAND USE ELEMENT:
This request is located in the Geyer Springs —West Planning District.The
Land Use Plan shows Light Industrial for this property.The applicant has
applied for a zoning change to C-4 General Commercial for an equipment
rental and servicing business.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
Cit Reco nized Nei hborhood Action Plan:
The applicant's property lies in the area covered by the Chicot West/I-30
South Neighborhood Action Plan.The Economic Development goal listed
an action statement that a combination of commercial and office uses
should be possible when improvements are completed on Mabelvale
C Lit-off.
E.STAFF ANALYSIS:
Coburn Land and Leasing,owner of the 2.7 acre tract at 9300 Mabelvale
Pike,is requesting to rezone the property from "R-2"Single Family District
to "C-4"Open Display District.The rezoning is requested to allow the
future development of the property as commercial.
There is a one-story single family residence and accessory structure
located within the eastern portion of the property.The west portion of the
property has been cleared,with some fill work and grading having been
done.
There are existing commercial uses to the north,along Interstate 30.
There is a single family residence and undeveloped property (recently
rezoned to C-4)located immediately to the south.There is undeveloped
property (zoned 1-2)located to the west and undeveloped C-3 zoned
property to the east across Mabelvale Pike.
The City's Future Land Use Plan designates this property as Light
Industrial.The applicant has filed a proposed land use plan amendment
to commercial,which is Item 7.on this agenda.Given the recent rezoning
of the property immediately south to C-4 and the existing commercial uses
along Davmar Drive,staff has expanded the land use plan amendment to
include the properties to the south to Davrnar Drive.
2
June 26,2003
ITEM NO.:7 1 Cont.FILE NO..Z-7419
Staff is supportive of the requested rezoning to C-4.The site is located
along the Interstate 30 corridor which contains a wide range of
commercial and industrial uses.Staff feels that the proposed C-4 zoning
is appropriate,considering the increasing number of new commercial
developments (including recent approval of a Home Depot development)
located to the east across Mabelvale Pike to Baseline Road.Staff feels
that rezoning this property to C-4 will have no adverse impact on the
adjacent properties or the general area along Mabelvale Pike,south of
1-30.
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 zoning.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
R.C.Coburn was present,representing the application.There was one (1)
person present with concerns.Staff presented the proposed rezoning and land
use plan amendment with recommendations of approval.The two (2)items were
discussed simultaneously by the Commission.
Joyce Plant addressed the Commission with concerns.She expressed concerns
that Mr.Coburn's property would be combined with two (2)other properties for
one (1)large development.
R.C.Coburn addressed the Commission in support of the application.He
stated that he planned a retail facility for an equipment rental business.He
noted that his proposed development did not involve additional property to the
south.
There was a general discussion related to the uses and zoning within the area
west of Mabelvale Pike and north of Davmar Street.
There was a motion to approve the land use plan amendment (LU03-15-01).
The motion passed by a vote of 9 ayes,0 nays and 2 absent.
There was a second motion to approve the rezoning to C-4.The motion passed
by a vote of 9 ayes,0 nays and 2 absent.The rezoning was approved.
3
June 26,2003
ITEM NO.:8 FILE NO.:G-23-323
Name:Bishop Street —Right-of-Way
Abandonment
Location:Located between West 7 'treet and
Interstate 630
Owner/A licant:Arkansas State Building Services,Frank
Zimrnerebner
Receuest:To abandon the 60-foot wide Bishop
Street right-of-way to be incorporated
into the adjacent parking lot.
STAFF REVIEW:
A.Public Need for this Ri ht-of-Wa:
As noted in paragraph G.of this report,all of the public utility companies consent
to the right-of-way abandonment.Southwestern Bell and Entergy request that
the area of abandonment be retained as a utility easement.The Public Works
Department comments are as follows:
"Public Works has no objection to the closure of the street.An
easement must be maintained for existing drainage
facilities.'.
Master Street Plan:
The Master Street Plan classifies Bishop Street as a local road.Abandonmentofthisright-of-way will not adversely affect the Master Street Plan,as it is notclassifiedasacollectorstreetorhigher.
C.Characteristics of Ri ht-of-Wa Terrain:
This portion of Bishop Street is paved and serves as an access drive into the
parking lot for the office building at 1515 West 7 Street.The right-of-way islocatedintheCapitolZoningDistrict,with the property along each side of the
right-of-way being owned by the State of Arkansas.
D.Develo ment Potential:
Once abandoned,the area of the right-of-way will continue to be utilized asaccessdriveandparkingfortheadjacentofficebuilding.
E.Nei hborhood and Land Use Effect:
As noted earlier,the right-of-way is located within the Capitol Zoning District.
The State Capitol Complex is located across West 7 Street to the north.Otherstateofficesarelocatedtothenorthwest.There is a mixture of office and
June 26,2003
ITEM NO.:8 Cont.FILE NO.:G-23-323
commercial uses to the east.Interstate 630 is adjacent to and well below the
right-of-way to the south.Abandoning the Bishop Street right-of-way will have no
adverse impact on the general area.
F.Nei hborhood Position:
The Downtown,Capitol Hill and Capitol View Stifft Station Neighborhood
Associations were notified of the abandonment request.As of this writing,staff
knows of no objectors to the abandonment.The State of Arkansas is the onlyabuttingpropertyowner.
G.Effect on Public Services or Utilities:
Wastewater:No objection to abandonment.
Entergy:No objection to abandonment.Retain area as utility easement.
Center Point Energy:No objection to abandonment.
Southwestern Bell:No objection to abandonment.Retain area as utility
easement.
Water:No objection to abandonment.
Fire Department:No Comment.
H.Reversionar Ri hts:
All reversionary rights extend to the adjacent property owner.
Public Welfare and Safet Issues:
Abandoning this street right-of-way will have no adverse effects on the public
welfare and safety.
STAFF RECOMMENDATION:
Staff recommends approval of the Bishop Street right-of-way abandonment,subject to
the area of abandonment being retained as a utility and drainage easement
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Frank Zimmerebner,of State Building Services,was present representing the
application.Staff presented the item and noted there were no outstanding issues.
There was no further discussion.The Committee forwarded the item to the full
commission.
2
June 26,2003
ITEM NO.:8 Cont.FILE NO.:G-23-323
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented the item
with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for approval as recommended by staff.A motion to that effect was made.The
motion passed by a vote of 9 ayes,0 nays and 2 absent.The application was
approved.
June 26,2003
ITEM NO.:9 FILE NO.:G-23-324
NAME:Chenal Valley Drive Extension —Right-of-Way
Abandonment
LOCATION:Located south of Rahling Road
OWNER/APPLICANT:Deltic Timber Corp./White-Daters and Associates
REQUEST:To abandon the undeveloped 60 foot wide Chenal
Valley Drive right-of-way to be incorporated into a
future multifamily development.
STAFF REVIEW:
A.Public Need for this Ri ht-of-Wa:
As noted in paragraph G.of this report,all of the public utility companies
agree with the requested right-of-way abandonment.CenterPoint Entergy
and Wastewater require a portion of the right-of-way be retained as an
easement,while Entergy requests to reserve easement rights until a
development plan is proposed for the property.The Public Works
comments are as follows:
"Abandoning this right-of-way will significantly limit future
access options to this and adjacent property.An alternative
access and circulation plan should be presented for this
large scale development."
B.Master Street Plan:
The Master Street Plan classifies the Chenal Valley Drive Extension as acollectorstreet.On May 15,2003 the Planning Commission voted to
remove the street from the Master Street Plan.The Master Street Plan
Amendment will be on the Board of Directors'une 17,2003 Agenda.
C.Characteristics of Ri ht-of-Wa Terrain:
The area of the Chenal Valley Drive Extension,south of Rahling Road,is
currently undeveloped and mostly wooded.The property slopes generallydownwardfromRahlingRoadtothesouth.Deltic Timber Corporation
owns all of the property along the east and west sides of the proposedright-of-way abandonment.
D.Develo ment Potential:
Once abandoned,the area of the right-of-way will be incorporated into theadjacent17acresforamultifamilydevelopment.
June 26,2003
ITEM NO.:9 Cont.FILE NO.:G-23-324
E.Nei hborhood Land Use and Effect:
The general area contains a mixture of residential,office and commercial
uses and zoning.There is a large amount of undeveloped property in the
area.Abandoning the undeveloped Chenal Valley Drive right-of-way will
have no adverse impact on the general area.
F.Nei hborhood Position:
All abutting property owners were notified of the public hearing.There
was no established neighborhood association to notify.
G.Effect on Public Services or Utilities:
Wastewater:No objection to abandonment.An easement must be
retained for the existing sewer main which crosses the southern
portion of the right-of-way.
Entergy:No objection to abandonment.Request to retain area for utility
easement until a development plan for the property is approved.
Center Point Energy:No objection to abandonment.An easement must
be retained (50 feet wide)across the southern portion of the right-of-
way.
Southwestern Bell:No objection to abandonment.
Water:No objection to abandonment.
Fire Department:No objection to abandonment.
H.Reversionar Ri hts:
All reversionary rights will extend to the adjacent property owner,Deltic
Timer Corporation.
Public Welfare and Safet Issues:
Abandoning this street right-of-way will have no adverse effects on the
public welfare and safety.
STAFF RECOMMENDATION:
Staff recommends approval of the Chenal Valley Drive Extension right-of-way
abandonment,subject to the area of abandonment being retained as a utility and
drainage easement.Additionally,the applicant must dedicate right-of-way at the
south end of the proposed abandonment for a turn-around for the street which
will run west off of the future Champlin Drive extension,and serve the propertyeastofthissite.
2
June 26,2003
ITEM NO.:9 Cont.FILE NO.:G-23-324
SUBDIVISION COMMITTEE COMMENT:(J UNE 5,2003)
Tim Daters,of White-Daters,was present representing the application.Staff
presented the item,and noted there were some concerns about maintaining
access to all properties,if the right-of-way was abandoned.Mr.Daters stated
access would be provided from Champlin Drive,from the east.He presented a
drawing showing what he was describing.Jim Lawson,Director of Planning,
responded that he felt that would address staff's concerns.
The Committee determined there were no other issues and forwarded the item to
the full commission.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as recommended by staff.A motion to that effect
was made.The motion passed by a vote of 9 ayes,0 nays and 2 absent.The
application was approved.
3
June 26,2003
ITEM NO.:10 FILE NO.:Z-7421
NAME:University Heights PCD
LOCATION:Southeast corner of University Avenue and "C"Street
DEVELOPER:
Strode Property Company
5950 Berkshire Lane ¹1275
Dallas,TX 75225
ENGINEER:
White-Daters and Associates
¹24 Rahling Circle
Little Rock,AR 72223
AREA:5.3 Acres NUMBER OF LOTS:1 FT.NEW STREET;0
CURRENT ZONING:R-2,R-3,R-4,PCD
ALLOWED USES:Single-family residential uses,Duplex and Commercial
PROPOSED ZONING:PCD —Mixed Uses
PROPOSED USE:Mixed of Commercial,Office and Residential uses.
VARIANCES/WAIVERS REQUESTED:None requested.
BACKGROUND:
Several zoning actions have taken place in this area from Board of Adjustment building
line variances to actual rezoning action.The most recent was the approval of a PCD
for 219 North University Avenue.That request was approved by the Board of Directors
on July 16,2002 (Ordinance No.18,718).The site was zoned 0-3 and the applicant
desired to rezone the site to PCD to allow flexibility in order to provide quality tenants to
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
serve the neighborhood area,utilizing the existing building.The PCD outlined specific
uses allowed on the site (Z-7233).
A second rezoning request was also for a PCD located between "B"and "C"Streets on
the east side of University Avenue.The Board of Directors approved the request on
August 29,2000 with Ordinance No.18,335.The request was to rezone the site from
R-3/R-5 to PCD to allow for the construction of a 25,600 square foot commercial
building along with 74 parking spaces.The applicant also proposed to realign "C"
Street to line up with the Park Plaza access drive on the west side of University Avenue.
The applicant proposed the hours of operation to be from 9:00 am to 9:00 pm Monday
through Saturday and from 10:00 am to 8:00 pm on Sunday.
The Board of Adjustment approved the use of 5909 and 5911 "C"Street as a
commercial parking lot on residentially zoned property on June 17,1991.The parking
lot serves employees and patients of the Gastroenterology Associates P.A.
A.PROPOSAL/REQUEST:
The applicant is requesting a rezoning from various zoning classifications to PCD
to allow a two phases development located between West Markham Street and"C"Street and Pierce Street and University Avenue.The development is
proposed as a mixed-use development complete with residential,office and
commercial uses.The current request is the review and rezoning of the Phase I
portion of the development from various zoning classifications to PCD.The
Phase II portion of the development will be reviewed by the Commission as the
development plans become imminent.
Phase I consist of three commercial buildings containing a total of 49,030 square
feet of gross floor space.The development also contains 255 parking spaces
and is located on a total of 5.3 acres.
The applicant is proposing the realignment of "C"Street from the current location
to the south to align with the existing traffic signal on University Avenue at the
access drive to Park Plaza Mall.The applicant is also proposing the
abandonment of portions of "A"Street and "B"Street and the portion of "C"
Street,which will be realig ned.
B.EXISTING CONDITIONS:
The area contains existing single-family,multi-family and non-residential uses.
Located in the Phase I boundaries are single-family homes,office/retail uses and
duplex housing.There is a large multi-family complex located on "C"Street just
east of the development and the St.Vincent Day Care facility is located on "A"
Street just east of the development (located in the Future Phase II area)
2
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
Other uses in the area include the Park Plaza Mall,the University Mall,the
I-HOP Restaurant and St.Vincent Hospital.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has not received any comment from area residents.The
Hillcrest Residents Neighborhood Association along with all owners of property
located within 200 feet of the site and all residents,who could be identified,
located within 300 feet of the site were notified of the Public Hearing.
D.ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1.University Avenue is classified on the Master Street Plan as a principal
arterial.Dedication of right-of-way 55-feet from centerline will be required.
2.Repair or replace any curb,gutter or sidewalk that is damaged in the public
right-of-way prior to occupancy.
3.Coordinate design of traffic signal upgrade with proposed street
improvements.Plans to be forwarded to Traffic and Civil Engineering for
approval.
4.Provide the direction of flow and all storm water flows (Q)entering and
leaving the property.
5.A grading permit in accordance with Section 29-186 (c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved prior to
the start of construction.A demonstration must be made that downstream
storm water facilities will be adequate.
6.Storm water detention ordinance applies to this property.Show the proposed
location for stormwater detention facilities on the plan.
7.A public cul-de-sac or suitable hammerhead turn-around must be provided on"A"and "B"Streets.
8.Some of the additional traffic generated by the proposed development will
use Pierce and C Streets for access.These streets have open ditches and
are too narrow to provide safe two-way access to the site.
9.With the plan,B Street will continue to function as a public street.Back-out
parking lining the street creates a traffic hazard.Permanently closing "B"
Street appears to be the best answer.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater Existing sewer mains on site.Relocation of existing sewer mains
will be at the Developer's expense.Sewer service must be retained for all
3
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
existing residences not being removed by this project.Contact the Little Rock
Wastewater Utility at 688-1414 for additional details.
EnterqE:No comment received.
Center-Point Ener:Center-Point Energy has existing facilities on "A",nBn and
nCn Streets from Pierce Street to University Avenue.Cost associated with the
termination of lines at the east edge of the property will be 100 percent
responsibility of the developer.Contact Center-Point Entergy at 377-4539 for
additional details.
SBC:A ten foot easement is required along the east,west and north property
lines.A five foot easement is required along the south property line.Contact
SBC at 373-5112 for additional details.
Central Arkansas Water:A water main extension and on-site fire protection
installed at the Developer's expense will be required in order to provide
service to this property.The Little Rock Fire Department needs to evaluate
this site to determine whether additional public and/or private fire hydrant(s)
will be required.If additional fire hydrant(s)are required,they will be installed
at the Developer's expense.If there are facilities that need to be adjusted
and/or relocated,contact Central Arkansas Water.That work would also be
done at the expense of the developer.All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
This development will have minor impact on existing water distribution
system.Proposed water facilities will be sized to provide adequate pressure
and fire protection.Contact Central Arkansas Water at 992-2438 for
additional details.
Fire De artment:Approved as submitted.
d.
CATA:No comment received.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:This request is located in the Heights —Hillcrest Planning
District.The Land Use Plan shows that the majority of the site is shown as
Mixed Use.The applicant has applied for a Planned Commercial Development
for a retail development.
Since more than 50%of the site is shown as Mixed Use,a commercial
development with a Planned Zoning District does not require a change to the
Land Use Plan.
4
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
Cit Reco nized Nei hborhood Action Plan:The applicant's property lies in the
area covered by the Hillcrest Neighborhood Plan a "Blueprint"of our Community.
The list of supplemental issues listed a land use objective of encouraging new
buildings to relate to the architecture of the neighborhood and a community
development objective stating that commercial uses should not be open later
than midnight.
~bandsca e:A perimeter landscaping strip will be required between new
property lines where vehicular use areas exist unless the area(s)are platted as
access easement(s).
The proposed land use buffer along the eastern perimeter drops below the
average twenty-four (24)foot width requirement.Also,it drops below the six (6)foot seven (7)inch minimum width allowed at any given point by both the zoning
and landscape ordinances.
The proposed street buffers along nCn Street and along University Avenue drop
below the twenty-four (24)foot average width requirement and below the twelve
(12)foot width minimum at any given point.
Interior landscape islands must be at least 225 square feet in area and 5.6 feet
in width to count toward fulfilling interior landscaping requirements of the
landscape ordinance.
All of the landscape and buffer requirements take into account the reductions
allowed within the designated mature area of the City.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall or dense evergreen plantings is required along the
eastern perimeter where adjacent to residential properties.
An irrigation system to water landscaped areas will be required.Prior to
obtaining a building permit,it will be necessary to provide approved landscape
plans stamped with the seal of a Registered Landscape Architect.Compliance
wit the City's Landscape and Buffer Ordinances is requested
G.SUBDIVISION COMMITTEE COMMENT:(June 5,2003)
The applicant was present representing the request.Staff introduced the
proposed development indicating there were additional items needed on the
proposed site plan.Staff questioned if there would be any outdoor activities
and/or dining located on the site and the measures the applicant would take to
5
June 26,2003
S U B D I V I S I 0 N
ITEM NO.:10 Cont.FILE NO.:Z-7421
screen the adjoining property owners from noise of the outdoor activities and/or
dining.
Staff also questioned the proposed signage requesting the details of any signage
that would be located on the site.
Public Works comments were addressed.Staff stated there were concerns with
the closure of "A"Street and the remaining single-family home not being a part of
the development.Staff also stated the street could not be closed before their
property line.Staff also stated some form of turn-around was needed at the end
of "A"and "B"Streets.The applicant questioned if the turn-around could be in
the parking lot.Staff stated if the area was dedicated as public through a cross
access easement then this would be satisfactory.
Staff stated University Avenue would require a dedication of right-of-way.Staff
stated currently there was 40 feet of right-of-way and the Master Street Plan
required 55-feet from the centerline.The applicant stated he would work with
Public Works on this issue.
Landscaping comments were addressed.Staff stated the eastern land use
buffer fell below the minimum allowed under both the zoning and landscape
ordinance.Staff stated the strip should average 24 feet and be a minimum of
6.7 feet.
There being no further items for discussion,the Committee then forwarded the
item to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised plan to staff addressing most of the issues
raised at the June 5,2003 Subdivision Committee meeting.The applicant has
indicated "A"Street will remain open to a point on the west property line of the
indicated out-parcel;a single-family home which is not participating in the
development.The applicant has indicated a hammer-head turn around on "A"
Street as requested by the Public Works Department.The applicant has also
indicated "B"Street will terminate into the parking lot.The applicant has broken
the street and installed a four-foot walking trail in this area to connect the
residences to the shopping center.The area adjoining the parking lot will be
dedicated as a service easement allowing the city service vehicles a way to
turn-around after accessing the homes on "B"Street.
The applicant has also verified the operational hours to be from 5.00 am to 1.00
am seven days per week.The applicant has indicated there are possible
activities taking place outside in the northern building adjacent to the single-
farnily homes.Staff has concerns with the use of this area as an outdoor dining
6
June 26,2003
SU B D IV IS ION
ITEM NO.:10 Cont.FILE NO.:Z-7421
area and the noise from customers affecting to the near-by homes at a late hour.
The applicant has indicated a six (6)foot wood fence for screening of this area
but the screen will not deflect the potential sound.Staff would recommend any
outdoor activity end by 10:00 pm and that there be no outdoor music allowed.
The applicant has indicted dumpster locations on the site plan and indicated the
screening requirements of at least two feet above the top of the dumpster.The
applicant has also indicated the dumpsters will be serviced from 7:00 am to 6:00
pm.Staff feels the hours of service are acceptable hours.With the limiting to
the day light hours,this should limit the impact on the remaining single-family
homes in the area.
The applicant has indicated storm water detention on the proposed site plan in
two locations.The areas are adjacent to "C"Street near the University Avenue
intersection.The applicant has also indicated they will verify downstream storm
water facilities to prove adequacy.
The applicant has indicated two pylon signs to be located near the northern and
southern boundaries of the property along University Avenue.The sign area will
be the maximum allowed in commercial zones or maximum of 36-feet in height
and 160 square feet in area.Staff is supportive of the requested signage.
The applicant is proposing 49,030 square feet of commercial space in four
buildings with a maximum building height of thirty-five feet.There are 255
parking spaces proposed as a part of the development.The typical minimum
parking demand for a commercial center of this size would be 217 parking
spaces or one space per two hundred and twenty-five square feet of gross floor
area The proposed parking is sufficient to meet the typical minimum parking
demand.If more than one restaurant were to locate on the site then staff would
have concerns with the proposed parking since a restaurant requires additional
parking (one space per one-hundred square feet of gross floor area).The
development is touting itself to be a neighborhood based development allowing
residents to walk to the area for services.If this proves to be the case then the
proposed parking would be sufficient to meet the minimum parking demand
The applicant has indicated screening along the eastern property line as
requested by Staff.The applicant has also indicated a six foot wood fence will
be placed in this area to screen the adjoining single-family homes.The existing
site plan indicates a street buffer along University Avenue.Public Works has
requested additional right-of-way in this area.The existing right-of-way along the
property frontage is 40-feet from centerline and the Master Street Plan requires
55-feet of right-of-way in this area.If the applicant is required to dedicate the
additional right-of-way the street buffer will be somewhat reduced along
University Avenue.
7
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
The applicant has requested a waiver of the requirement for dedication of right-
of-way to 55-feet from centerline for University Avenue as required by the Master
Street Plan.Staff feels with the current roadway widths south of West
Markham Street and the proposed construction on South University Avenue
south of 12 Street the full 55-foot right-of-way is required.If at any point in the
future the City intends to connect the two sections of University Avenue without
the right-of-way dedication this would be difficult if not impossible.
The site plan indicates an out-parcel along "A"Street.There is an existing
single-family home located on the property and the developer has indicated the
owner does not wish to participate in the development.The applicant has
indicated screening as required between commercial and single-family.The
applicant has indicated the area as a future parking lot should the homeowner
decide to sell and become willing to participate.Staff has some concerns with
this situation should the homeowner decide to continue to reside at this location.
There are dumpsters located on both property lines of the existing single-family
home and the home will be surrounded by commercial uses and parking lots.
This will not make for a comfortable living situation for the residents of the house.
The proposed development lies in an area covered by the Urban Land Institute
(ULI)Study.The study calls for the parcel to contain lifestyle retail,together with
multi-family and single-family homes.The study also indicates the
Hillciestliifesfyle parcel should be the first to develop in the study area.The
panel also recommended the parcel be large enough to stand on its own
The ULI panel recommended a small park built along University Avenue with
about 40,000 square feet of retail space around it.The panel recommended
well-landscaped streets with surface parking,both at the curb and in small lots,
to satisfy the needs of the retailers.Some high-and some low-density housing
would fill out the block and provide an attractive and appealing urban setting.
Although staff has some reservations about the development with regard to the
right-of-way dedication and the areas available for street buffers,and the
remaining out-parcel contained within the development,staff is supportive of the
development as a whole.The Phase II portion of the development will include
the additional commercial/office and residential component of the development
as recommended by the ULI panel.In addition the developer has provided
elevations and design schemes which staff feels will blend well with the Hillcrest
Neighborhood.
STAFF RECOMMENDATION:
Staff recommends approval of the request as filed subject to compliance with the
conditions outlined in paragraphs D,E and F of this report.
8
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO.:Z-7421
Staff recommends the applicant dedicate right-of-way 55-feet from the centerline
along University Avenue.
Staff recommends approval of the request to abandon a portion of "A"Street,a
portion of "B"Street and a portion of "C"Street.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
Mr.Ron Tabor and Mr.Joe White were present representing the application.There
were objectors present.Staff presented the item with a recommendation of approval.
Staff noted Public Works comments had been revised to decrease the requested right-
of-way along University Avenue.Staff stated the applicant would dedicate an additional
nine (9)feet of right-of-way along the roadway and decrease the median size to
increase the width of the travel lanes.
Staff also noted they were supportive of the request to abandon portions of 'A"and 'B"
Streets located within the development and the portion of "C"Street which would
remain after the realignment with the intersection of the Park Plaza Drive.
Ms.Ruth Bell addressed the Commission with concerns.She questioned how the
proposed development related to the Urban Land Institute Study (ULI).She also stated
the Mid-Town Group was currently considering design standards for the area.Ms.Bell
stated the group was using the ULI Study as a Bible for design standards.Ms.Bell
stated the proposed development was the first redevelopment in the areas and
questioned how the proposed development would relate to the overall character of the
Hillcrest Neighborhood.
Ms.Bell stated the proposed design did not offer mode of transportation other than
autonaobile.She stated accessibility by all modes of transportation,walking,biking etc.
were important.
Ms.Bell also stated the traffic signal proposed to align "C"Street and the Park Plaza
entrance should be timed to allow pedestrian ample time to cross without danger to life
or limb.
Ms.Valerie Wingert addressed the Commission with concerns.She stated the traffic
on "C"Street would increase as a result of the development.She stated she would like
to see "C"Street terminate with a cul-de-sac.Ms.Wingert stated she also had
concerns with late night businesses locating on the site and patrons driving through the
neighborhood.
9
June 26,2003
S U B D I VIS ION
ITEM NO.:10 Cont.FILE NO.:Z-7421
Mr.Don Bonner addressed the Cornrnission in opposition of the closing of "B"Street
He stated he had lived in his home for 40+years and "B"Street was his access to
University Avenue.He stated driving along West Markham and entering from Pierce
Street was not an easy option due to the grade at University and Markham Streets.
Ms.Betty Burnette addressed the Commission indicating Pierce Street was not
sufficient to handle the traffic in the area.She stated customers trying to access the
site would travel Pierce Street,which currently had open ditches for drainage and was a
very narrow roadway.
Ms.Catherine Dulling addressed the Commission in opposition of the proposed
development.She stated the area residents had been told the Mid-Town Improvement
District was for the redevelopment of University Mall and would not raise the property
taxes in the area for homeowners.She stated the proposed development was taking
away living space from the area and replacing the space with additional retail.Ms.
Dulling stated the area did not need additional retail space since University Mall was not
currently occupied.
Ms.Janice Baldwin addressed the Commission with concerns.She stated her mother
and farther were the owners of the "out parcel"area.She stated her parents wished to
continue to live on the site.Ms.Baldwin stated her concern was that the development
would allow her parent to continue to live in their house and maintain the currently
quality of life.She questioned if "A"Street would remain open in the area to allow her
parent access to their home.
Staff stated "A"Street would remain open to the west property line of the 'out parcel'.
Staff also stated "B"Street would be closed to not allow through traffic into the site.
Staff stated this was a request of the City since a large number of parking spaces were
designed to back into the service drive.Staff stated the portion of "C"Street to be
abandoned was the existing street layout and once the street was realigned with the
Park Plaza drive entrance the current right-of-way would no longer be needed.
There was a general discussion concerning Pierce Street and if the City could require
the developer to widen the street.Staff stated this would be off-site improvements,
which the City typically did not require.Staff stated when the Phase II portion of the
development was constructed the developer would be required to widen Pierce Street
to '/.street widths adjoining the site.
There was a general discussion concerning "C"Street and the request for a cul-de-sac.
Staff stated the primary concern of a cul-de-sac was public transportation and safety
Staff noted the condition of "C"Street and indicated this alone would discourage cut-
through traffic.
10
June 26,2003
SUBDIVISION
ITEM NO.:10 Cont.FILE NO..Z-7421
Mr.Ron Tabor addressed the Commission concerning the merits of the application.He
stated the original PCD was for one building.He stated the original PCD included the
realignment of 'C"Street in the exact location as was being proposed.Mr.Tabor stated
the only change was the current proposal included four buildings and a larger area as
suggested by the ULI Study.
Mr.Tabor stated the site would be landscaped to meet or exceed ordinance
requirements.He stated the design of the center was that of a village design and would
fit into the overall character of the Hillcrest neighborhood.
A motion was made to approve the application as filed.The motion carried by a vote of
9 ayes,0 noes and 2 absent.
11
June 26,2003
ITEM NO.:11 FILE NO.:S-1389
NAME:New Hope Subdivision Preliminary Plat
LOCATION:7915 Highway 300
DEVELOPER:
New Hope Baptist Church
23924 Highway 10
Little Rock,AR
ENGINEER:
Catlett Engineering
P.O.Box 154
Roland,AR 72135
AREA:8.215 acres NUMBER OF LOTS:2 FT.NEW STREET:0
CURRENT ZONING:R-2,Single-family
PLANNING DISTRICT:29 —Barrett
CENSUS TRACT:42.01
VARIANCES/WAIVERS REQUESTED:
A variance to allow an increased lot depth to width ratio for Parcel 1.
2.A variance to allow a reduced platted building line on Parcel 2.
3.A deferral of the Master Street Plan requirements (1/2 street construction)until
Phase III of the church plan or June 30,2013.
A.P ROPOSAL:
The applicant is proposing the subdivision of this 8.21 acre site located at 7915
Highway 300.The New Hope Baptist Church is requesting a Conditional Use
June 26,2003
SUBDIVISION
ITEM NO.:11 Cont.FILE NO.:S-1389
Permit (Item ¹12 File No.Z-7417)along with the preliminary plat.The site will be
divided into two parcels,one 6.930 acres which the church plans to build on and
a 1.285 acre parcel which is currently occupied by an existing single-family
home.
The proposal includes a variance to allow an increased depth to width ratio for
Tract 1 and a reduced platted building line for Tract 2.The applicant is also
requesting a deferral of Master Street Plan requirements to Highway 300.The
applicant is requesting a deferral until June 30,20 l3 or until Phase III of the
church plan begins to develop.
B.EXISTING CONDITIONS:
The site contains an existing single-family home located on the northeast corner
of the site and the remainder is vacant.The site has been cleared and graded
recently.There are single-family homes on large lots located to the north andwestofthesite.Other uses in the area include a grocery/gas station located
southeast of the site and Saugey's Antique Store is located south of the site,one
lot removed.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has not received any comment from area residents.All
owners of property abutting the proposed site were notified of the Public Hearing.There is not an organized neighborhood association located in the area.
D.ENGINEERING COMMENTS:
Public Works:
1.Provide the design of the street conforming to the Master Street Plan.
Construct one-half street improvement to the street including 5-foot sidewalks
with planned development or obtain a deferral of improvements from the
Board of Directors.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater Outside the service boundary,no comment.
~Enter:No comment received.
Center-Point Ener:No service in the area.
SBC:No comment received.
Central Arkansas Water:This is located in an area served by Maumelle Water
Corporation.Water is not available from Central Arkansas Water,
2
June 26,2003
SUBDIVISION
ITEM NO.:11 Cont.FILE NO.:S-1389
Fire De artment:Approved as submitted.
Count Plannin:No comment received.
CATA:No comment received.
F.ISSUES/TECHNICAL/DESIGN:
Plannin Division:No comment.
~Landsca e:No comment.
G.SUBDIVISION COMMITTEE COMMENT:(June 5,2003)
The applicant was present.Staff gave an overview of the proposed
development,noting the requested variances and indicating there were only two
additions needed on the proposed preliminary plat drawing.Staff stated the
applicant should verify the source of water and the means of wastewater
disposal on the preliminary plat.
Public Works comments were addressed.Staff stated the applicant should
construct V.street improvements to the site or request a waiver or deferral from
the Board of Directors.There was a discussion concerning the waiver vs.the
deferral and the length of time a deferral would be allowed.Staff stated the
applicant would be best suited to tie the deferral to a specific phase of the
development and to give a time certain that the improvements would be made.
Staff noted comments from all other reporting agencies.Staff suggested the
applicant contact each agency for clarification on specific issue.
There were no additional comments for discussion.The Committee then
forwarded the item to the full Commission for final action.
H.ANALYSIS:
The applicant submitted a revised preliminary plat to staff on June 10,2003
addressing the comments of staff at the June 5,2003 Subdivision Committee
Meeting.The applicant has indicated the proposed source of water is from the
Maumelle Water Corporation and the proposed source of wastewater disposal
will be a septic tank.The applicant has indicated they will coordinate with theArkansasDepartmentofHealthandtheCountySanitarianforproperinstallation
of the septic system.The existing single-family home has an approved septic
system in place.The church will install a new septic system upon construction.
Typically on acreage proposed for the church site the system will "perk".
3
June 26,2003
SUBDIVISION
ITEM NO.:11 Cont.FILE NO.:S-1389
The proposed plat requires two variances from the Subdivision Ordinance.The
applicant is requesting an increased depth to width ratio for Parcel 1.The
ordinance requires no lot be more than three times as deep as it is wide.The lot
proposed (measured at the building line)is 219.88 by 896.78.Staff is supportiveoftheproposedlotlayout.Staff does not feel the variance will create a negative
impact on surrounding property owners.
The second parcel contains an existing single-family structure.The applicant is
requesting a variance to allow a reduced platted building fine.The platted
building line has been shown to indicate existing conditions.The proposed
platted building line will follow along the required 35-foot building line (adjacent to
an arterial street)then be reduced around the existing single-family structure.
Staff is supportive of the request to allow the reduced platted building line in this
configuration.
The applicant is requesting a deferral of street improvements to Highway 300
until Phase III of the church project until June 30,2013.Staff is not supportive of
the request as filed.Staff would however support a deferral of street
improvements for a period of 10 years after occupancy of the Phase I building or
until construction begins on Phase II,whichever occurs first.(See Item No.12
File No.Z-7417 for details concerning staff's position for the trigger of the street
improvements.)
The only unresolved issue is related to the Master Street Plan requirement forstreetconstruction.To staff's knowledge there are no other outstanding issuesassociatedwiththeproposedpreliminaryplat.Staff feels the proposed
preliminary plat should have minimal to no adverse impact on the surroundingarea.Staff also feels the street should be constructed as stated above (within a10-year time frame of the occupancy of the Phase I building or until construction
begins on Phase II of the development).
STAFF RECOMMENDATION:
Staff recommends approval of the request as filed subject to compliance with theconditionsoutlinedinparagraphsD,E and F of this report.
Staff recommends the street be constructed 10 years after occupancy of thePhaseIbuildingorwhenconstructionbeginsonthePhaseIIbuilding,whicheveroccursfirst.
PLANNING COMMISSION ACTION:(JLINE 26,2003)
The applicant was present representing the request.There were no objectors present.
Staff presented the item with a recommendation of approval of the requested
preliminary plat subject to compliance with the conditions outlined in the above report.
Staff also recommended the Master Street Plan requirements be constructed 10 years
after the occupancy of the Phase I building or when construction began on the Phase II
building,whichever occurred first.
4
June 26,2003
SUBDIVISION
ITEM NO.:11 Cont.FILE NO.:S-1389
There was no further discussion of the item.The Chair placed the item on the consent
agenda for approval.The motion carried by a vote of 9 ayes,0 noes and 2 absent.
5
June 26,2003
ITEM NO.:12 FILE NO.;Z-7417
NAME:New Hope Baptist Church —Conditional Use Permit
LOCATION:7915 Highway 300
OWNER/APPLICANT:New Hope Baptist Church/Michael Johnston
PROPOSAL:A conditional use permit is requested to allow
construction of a new church campus on this vacant,
R-2 zoned,6.9t acre tract.This item is associated
with an accompanying plat,New Hope Subdivision
Preliminary Plat,S-1389.
1 SITE LOCATION:
The site is located on the west side of Highway 300,north of Pinnacle
Road.The property is outside of the corporate city limits but within the
City's Zoning jurisdiction.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The overall area is very rural in nature,primarily consisting of single family
homes on large tracts and large areas of undeveloped property.This site
is located within a non-residential node that has developed around the
intersection of Highway 300 and Pinnacle Road.Several buildings
containing a variety of commercial uses are located adjacent to the south.
That property was recently approved for redevelopment as Saugey Short-
Form PCD.A convenience store with gas pumps is located across
Highway 300 to the east.Several single family homes on larger lots have
a rear yard relationship to the north perimeter of the site.With attention to
proper screening,the proposed church should be compatible with the
neig hborhood.
All owners of properly located within 200 feet of the site and all residents
within 300 feet who could be identified were notified of this request.
3.ON SITE DRIVES AND PARKING:
The proposed new sanctuary will have a seating capacity of 280 persons;
requiring 70 on-site parking spaces.The church proposes to construct a
single driveway off of Highway 300 and paved parking for 106 vehicles inPhaseI.Additional parking areas are shown in Phase II;containing 52
more spaces for a total of 158 parking spaces.No expansion of the
sanctuary is proposed in any future phase.
June 26,2003
ITEM NO.:12 Cont.FILE NO.:Z-7417
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Tree Protection Ordinance is
required.
A total of eight percent of the interior of the vehicular use is required to be
landscaped with interior landscaping by the landscape ordinance.The
plan submitted appears to have about one-third less than this
requirement.To receive credit,interior landscape islands must be at least
300 square feet in area and at least 7 Vz feet in width.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall or dense evergreen plantings,is required to help
screen this site from the residential properties to the north,south and
west.
An irrigation system to water landscaped areas is required.
Prior to construction,it will be necessary to provide landscape plans
stamped with the seal of a Registered Landscape Architect.
5.PUBLIC WORKS COMMENTS:
1.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 or obtain a deferral of
improvements from the Board of Directors.
Staff will support a deferral of street improvements until a future phase or
10 years,whichever comes first.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Outside service boundary,no comment.
Entergy:No comments received.
Reliant:Approved as submitted.
Southwestern Bell:Approved as submitted.
Water:This site located in an area served by Maumelle Water Corp.
Water is not available from Central Arkansas Water.
2
June 26,2003
ITEM NO.:12 Cont.FILE NO.:Z-7417
Fire Department:Approved as submitted;outside service area.
CATA:No comments received.
Plannin Division:No Comments.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Michael Johnston and Walter Catlett were present representing the application.
Staff presented the item and noted much more information was needed on
specifics of the proposal.Staff commented that,in general,the plan looked
good but the additional details were needed.Staff pointed out that review and
approval was needed by the Maurnelle Water Corporation and the local
volunteer fire department.In response to a comment by staff,the applicant
stated he had already visited with Pulaski County Planning.Landscape
Comments were noted.The applicant responded that using natural vegetation
for screening was more desirable than a wood fence.The applicant was advised
to increase the size of the interior landscaped islands.Public Works Comments
were noted.Staff stated they would support a deferral of required street
improvements until a specific-future phase or 10 years,whichever occurred first.
The applicant was advised to submit revised site plans and responses to staff
issues no later than June 11,2003.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
New Hope Baptist Church proposes the phased construction of a new church
campus on the vacant,R-2 zoned,6.93 acre tract located at 7915 Highway 300.
The proposed church tract is part of an existing 8.21 acre parcel that is being
subdivided.See S-1389,Item No.11 on this agenda.The sellers of the
property live in a single-family residence on the adjacent,remaining 1.28 acre
parcel.The church has an option on a first right of refusal should the 1.28 acre
parcel ever become available for purchase.The property is located outside of
the corporate city limits but within the City's extraterritorial jurisdiction.
Phase I consists of a single building containing a 280 seat sanctuary and other
typical church space such as classrooms,offices and meeting space.A single
driveway will access the site from Highway 300.Paved and landscaped parking
for 106 vehicles will be constructed in this phase.The approximate height of the
building will be 18 feet,with a 21-foot tall steeple.The proposed sanctuary
3
June 26,2003
ITEM NO.:12 Cont.FILE NO.:Z-7417
building will be constructed of metal on a concrete slab with a glass entrance
facing Highway 300.It will have a metal roof with a pitch of 3:1.All future
buildings will be of similar material and construction.The facility will be used for
typical church activities.No additional activities such as day care,private school
or Mother's Day Out program are proposed.Site lighting will be shielded and
aimed downward into the site.There is a 6 foot tali chainlink fence around the
property which will remain.A 6 foot tall wood privacy fence will be constructed
on the perimeter of the church site where it is adjacent to the previously
mentioned 1.28 acre residential tract.Existing,dense evergreen trees and
shrubbery will provide screening along the north,south and west boundaries of
the site.
The church has an existing membership of 200 with regular attendance being
somewhat less.At the time attendance reaches 280,the church will likely move
on to Phase II.
Phase II consists of an educational space addition to the Phase I building and
the construction of an additional 52 paved and landscaped parking spaces.
Phase III,to occur at some unspecified point in the future,consists of a
fellowship hall/activity center building,a pavilion and a playground.
Staff is supportive of the requested conditional use permit.The applicant has
developed a site plan that is considerate of surrounding properties by placing the
buildings near the center of the site and by preserving the perimeter woods to
serve as buffer and screening.The site is located near the Highway
300/Pinnacle Road intersection which has developed as a small commercial
node.The church is proposed to have a sanctuary seating 280 persons,well
below the threshold of a "mega church";a church with a seating capacity
exceeding 500 persons.
On June 10,2003,the applicant submitted responses to those issues raised at
Subdivision Committee and outlined in the analysis above.Letters of approval
have been submitted by the Maumelle Water Corporation and the Lake
Maumelle Fire Department.
There is only one issue yet to be resolved.Staff has stated support for a deferral
of required street improvements to Highway 300 for 10 years or until a future
phase,whichever occurs first.The applicant has asked that the deferral be tied
to Phase ill.Staff would prefer that the street improvements be tied to Phase II.
It is at Phase II that the church has theoretically reached its capacity of 280
persons and the new educational space and parking lot will be constructed.No
additional parking spaces or parking space generating uses are proposed in
Phase III.
4
June 26,2003
ITEM NO.:12 Cont.FILE NO..Z-7417
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1.Compliance with the City's Landscape and Tree Protection Ordinance and
Buffer Ordinance.
2.Compliance with Public Works Comments.
3.All site lighting is to be shielded and aimed downward and inward to the site.
4.Ground-mounted signage is to be limited to one,monument style sign not to
exceed the height and area allowed in office and institutional zones;6 feet in
height and 64 square feet in area.
5.The areas of existing dense vegetation along the south,north and west
perimeters are to be preserved to serve as buffer and screening.
6.Compliance with the approved site plan.
Staff recommends approval of a deferral of the required street improvements to
Highway 300 for a period of 10 years from occupancy of the Phase I building or
until the construction begins on Phase II,whichever occurs first.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
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 also recommended
approval of the deferral of improvements to Hwy.300 for 10 years from
occupancy of the Phase I building or until construction begins on Phase II,
whichever comes first.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff,including the street deferral.The vote was 9 ayes,0 noes and 2 absent
5
June 26,2003
ITEM NO.:13 FILE NO.:Z-2801-B
NAME:Alltel —Tower Use Permit
LOCATION:5312 West 65 Street
OWNER/APPLICANT:Alltel Cellular Associates/Tracy E.Gill
PROPOSAL:Alltel Cellular is requesting approval of a deferral of
the requirement to install a landscape strip around the
perimeter of this existing wireless communication
facility.The property is zoned l-2.
PUBLIC WORKS COMMENTS:
No Comments.
LANDSCAPING/SCREENING:
Landscaping is not required by the Landscape and Tree Protection Ordinance.
Only WCF landscape and screening standards apply.
NOTIFICATION:
All owners of property located within 200 feet of the site,all residents within 300
feet who could be identified and the Wakefield and SWLR United for Progress
Neighborhood Associations were notified of this issue.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Tracy Gill was present representing the application.Staff presented the item
and explained the deferral request.Photographs of the site and surrounding
properties were shown.There were no other staff comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF REPORT:
The Alltel Cellular Associates Wireless Communication Facility (WCF)located at5312West65Streetconsistsofa180foottallmonopoletowerandan18foot
by 26 foot equipment shelter within a 100 foot by 100 foot lease area.The lease
area is within a 5.38 acre 1-2 Industrial zoned site.The actual fenced compound
of the WCF is 55 feet by 55 feet in area.An 8 foot tall wood privacy fence is
located along the north and east perimeters of the compound.An 8 foot tall
June 26,2003
ITEM NO.:13 Cont.FILE NO.:Z-2801-B
chainlink fence is located along the south and west perimeters.The I-2 zoned
parent tract also contains a large industrial building and areas of paved parking.
Access to the WCF is through the driveway and parking area of the industrial
user.The facility,with its 180 foot tower,was approved through a height
variance granted by the Board of Adjustment on December 27,1993;prior to the
adoption of the City's WCF regulations.
Under the City's WCF Regulations,as adopted in January 1998 and
subsequently amended,the base of each WCF tower site is to be screened with
an 8 foot tall wood privacy fence and a 6 foot wide landscape strip containing
trees and shrubbery on each perimeter.Existing sites are to be brought into
compliance with the screening and landscaping provisions unless compliance is
deferred by the Planning Commission through the Tower Use Permit process.
Alltel Cellular is proposing to complete the screening requirement by installing
the required 8 foot tall wood fence on the west and south perimeters.Alltel is
requesting a deferral of the requirement to install the landscape strip on all 4
perimeters.
Staff is supportive of the Tower Use Permit and the requested landscape
deferral.The WCF is located on an industrial site with dense mature woods to
the north and east.The wooded,residential property directly to the east is
approximately 350 feet deep and the residences are located on the far eastern
edge of the property.The industrial building,also occupying the parent tract,is
located to the west of the WCF and provides screening from that direction.A
parking lot is located south of the WCF.A landscapes strip along the northern
perimeter of the parking lot also provides screening for the southern perimeter of
the WCF.The WCF is located 3501 feet north of West 65 Street and is
somewhat hidden by the buildings on the north side of the street.
Staff supports a deferral of the landscaping until such time as a "major change in
circumstance"as defined in Section 36-593(c)(6)of the Code.Section 36-
593(c)(6)states a "major change in circumstance"means that:
(1)the area within 200 feet of the boundaries of the WCF tower site has
developed to the point that there is a virtually unobstructed view of the
tower site from any adjoining occupiable residential structure or from
public property or right-of-way,and
(2)the City has received a complaint from the owner of an occupiable
structure located within 200 feet of the tower site that the site has
insufficient landscaping or screening in place;and
(3)the City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with LRC g36-
2
June 26,2003
ITEM NO.:13 Cont.FILE NO.:Z-2801-B
593 which can be granted administratively by the Director of Planning and
Development,but no agreement has been reached,or sufficient
additional space around the site has been acquired to meet the
landscaping,setback and screening requirements of LRC f36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit.
Staff recommends approval of a deferral of the landscape requirements on all
4 perimeters of the WCF lease site until such time as a "major change in
circumstance"as defined in Section 36-593(c)(6)of the Code.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval of the T.U.P.and the landscape
deferral as noted 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 7 ayes,0 noes and 2 absent and 2 recusing (Lowry,
Stebbins).
3
June 26,2003
ITEM NO.:14 FILE NO.:Z-4009-B
NAME:Alltel —Tower Use Permit
LOCATION:1515 Market Street
OWNER/APPLICANT:Alltel Cellular Associates/Tracy E.Gill
PROPOSAL:Alltel Cellular is requesting approval of a deferral of
the requirement to install a landscape strip around the
perimeter of this existing Wireless Communication
Facility.The property is zoned C-3.
P U B L I C WORKS COMME NTS:
No Comments.
LANDSCAPING/SCREENING:
Landscaping is not required by the Landscape and Tree Protection Ordinance.
Only WCF landscape and screening standards apply.
NOT IF I CATION:
All owners of property located within 200 feet of the site,all residents within 300
feet who could be identified and the Walnut Valley and SWLR United for
Progress Neighborhood Associations were notified of this issue.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Tracy Gill was present representing the application.Staff presented the item
and explained the deferral request.Photographs of the site and surrounding
properties were shown.There were no other staff comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF REPORT:
The Alltel Cellular Associates Wireless Communication Facility (WCF)located at1515MarketStreetconsistsofa75foottallmonopoletoweranda12footby28
foot equipment shelter within a 27 foot by 40 foot lease area.The lease area is
within a C-4 and C-3 Commercial zoned tract that contains a 6,000 square foot
commercial strip center and paved parking.The WCF lease area is enclosed byan8foottallwood,privacy fence.The WCF was constructed on the asphalt
June 26,2003
ITEM NO.:14 Cont.FILE NO.:Z-4009-B
paved parking lot,eliminating 4-5 parking spaces.Access to the WCF is through
the driveway and parking lot of the commercial use.The facility was approved
through a conditional use permit granted by the Planning Commission on
April 25,1996;prior to the adoption of the City's WCF regulations.
Under the City's WCF Regulations,as adopted in January 1998 and
subsequently amended,the base of each WCF tower site is to be screened with
an 8 foot tall wood privacy fence and a 6 foot wide landscape strip containing
trees and shrubbery on each perimeter.Existing sites are to be brought into
compliance with the screening and landscaping provisions unless compliance is
deferred by the Planning Commission through the Tower Use Permit process.
Alltel Cellular is requesting a deferral of the requirement to install the landscape
strip on all 4 perimeters of the WCF site.
Staff is supportive of the Tower Use Permit and the requested landscape
deferral.The WCF is located on an asphalt parking lot and is surrounded by
commercial uses.The commercial building,also occupying the parent tract,is
located immediately to the south.A large,automobile sales lot is located on the
property adjacent to the north and east.The rear of the automobile sales
building is directly east of the WCF and an automobile storage area is adjacent
to the north.A commercial shopping center is located across Market Street,to
the west.The WCF lease area abuts the property line on the west and north and
there is no space to install landscaping.To install landscaping on the south and
east would require tearing out asphalt and impacting the parking and driveway
on the parent tract.There are no residential properties within the vicinity of this
site.
Staff supports a deferral of the landscaping until such time as a "major change in
circumstance"as defined in Section 36-593(c)(6)of the Code.Section 36-
593(c)(6)states a "major change in circumstance"means that:
(1)the area within 200 feet of the boundaries of the WCF tower site has
developed to the point that there is a virtually unobstructed view of the
tower site from any adjoining occupiable residential structure or from
public property or right-of-way,and
(2)the City has received a complaint from the owner of an occupiable
structure located within 200 feet of the tower site that the site has
insufficient landscaping or screening in place;and
(3)the City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with LRC g36-
593 which can be granted administratively by the Director of Planning and
2
June 26,2003
ITEM NO.:14 Cont.FILE NO..Z-4009-B
Development,but no agreement has been reached,or sufficient
additional space around the site has been acquired to meet the
landscaping,setback and screening requirements of LRC f36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit.
Staff recommends approval of a deferral of the landscape requirements on all
4 perirneters of the WCF lease site until such time as a 'major change in
circumstance"as defined in Section 36-593(c)(6)of the Code.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval of the T.U.P.and the landscape
deferral as noted 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 8 ayes,0 noes,2 absent and 1 recusing (Stebbins).
3
June 26,2003
ITEM NO.:15 FILE NO.:Z-6042-F
NAME:Alltel —Tower Use Permit
LOCAT IO N:10700 Colonel Glenn Road
OWNER/APPLICANT:Alltel Cellular Associates/Tracy E.Gill
PROPOSAL:Alltel Cellular is requesting approval of a deferral of
the requirement to install a screening fence and
landscape strip around the perimeter of this existing
wireless communication facility.The property is
zoned R-2.
PUBLIC WORKS COMMENTS:
No Comments.
LANDSCAPING/SCREENING:
Landscaping is not required by the Landscape and Tree Protection Ordinance.
Only WCF landscape and screening standards apply.
NOTIFICATION:
All owners of property located within 200 feet of the site,all residents within 300
feet who could be identified and the John Barrow and SWLR United for Progress
Neighborhood Associations were notified of this issue.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Tracy Gill was present representing the application.Staff presented the item
and explained the deferral request.Photographs of the site and surrounding
properties were shown.There were no other staff comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF REPORT;
The Alltel Cellular Associates Wireless Communication Facility (WCF)located at
10700 Colonel Glenn Road consists of a 130 foot tall monopole tower and a 12
foot by 28 foot equipment shelter within a 40 foot by 60 foot lease area.The
lease area is within a 2.5+acre,R-2 zoned Central Arkansas Water site.The
parent tract is enclosed by a 6 foot tall chain-link fence and contains a large
June 26,2003
ITEM NO.:15 Cont.FILE NO.:Z-6042-F
water tank and a second cellular tower site.Access to the water tank site and
the WCF's is via a gravel road off of Colonel Glenn Road,east of the Clear
Channel Metroplex.The road is gated near Colonel Glenn to prohibit access up
the hill to the site by unauthorized persons.The Alltel facility,with its 130 foot
tower,was approved through a conditional use permit granted by the Planning
Commission on October 31,1995;prior to the adoption of the City's WCF
reg ul ation s.
Under the City's WCF Regulations,as adopted in January 1998 and
subsequently amended,the base of each WCF tower site is to be screened with
an 8 foot tall wood privacy fence and a 6 foot wicfe landscape strip containing
trees and shrubbery on each perimeter.Existing sites are to be brought into
compliance with the screening and landscaping provisions unless compliance is
deferred by the Planning Commission through the Tower Use Permit process.
Alltel Cellular is requesting approval of a deferral of the requirement to install the
required screening fence and landscaping on all 4 perimeters of the WCF site.
Staff is supportive of the Tower Use Permit and the requested screening and
landscaping deferral.The WCF is located within a water tank facility high on a
ridge with mature trees surrounding the site.Undeveloped,heavily wooded 0-2
and C-3 zoned properties abut the site to the north,east and south respectively.
Although there may eventually be development of these adjacent properties,the
terrain immediately adjacent to the water tank site makes it unlikely any
development will occur directly adjacent to the site.The I-430 right-of-way is
adjacent and below,to the west.Mature trees and dense undergrowth on the
hillside provide screening from the interstate.There is no residential property
within the vicinity of this site.Central Arkansas Water supports the requested
deferral of all requirements.Any additional fencing or planting within the water
tank site is not conducive to operations at the facility.
Staff supports a deferral of the landscaping and screening until such time as a
'major change in circumstance"as defined in Section 36-593(c)(6)of the Code.
Section 36-593(c)(6)states a "major change in circumstance"means that:
(1)the area within 200 feet of the boundaries of the WCF tower site has
developed to the point that there is a virtually unobstructed view of the
tower site from any adjoining occupiable residential structure or from
public property or right-of-way,and
(2)the City has received a complaint from the owner of an occupiable
structure located within 200 feet of the tower site that the site has
insufficient landscaping or screening in place;and
2
June 26,2003
ITEM NO.:15 Cont.FILE NO.:Z-6042-F
(3)the City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with LRC g36-
593 which can be granted administratively by the Director of Planning and
Development,but no agreement has been reached,or sufficient
additional space around the site has been acquired to meet the
landscaping,setback and screening requirements of LRC f36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit.
Staff recommends approval of a deferral of the landscape and screening
requirements on all 4 perimeters of the WCF lease site until such time as a
"major change in circumstance"as defined in Section 36-593(c)(6)of the Code.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval of the T.U.P.and of the landscape
and screening deferral as noted 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 8 ayes,0 noes,2 absent and 1 recusing (Stebbins).
3
June 26,2003
ITEM NO.:16 FILE NO.:Z-6047-E
NAME:Alltel —Tower Use Permit
LOCATION:5600 West 35 Street
OWNER/APPLICANT:Alltel Cellular Associates/Tracy E.Gill
PROPOSAL:Alltel Cellular is requesting approval of a deferral of
the requirement to install a screening fence and
landscape strip around the perimeter of this existing
wireless communication facility.The property is
zoned 1-2.
PUBLIC WORKS COMMENTS:
No Comments.
LANDSCAPING/SCREENING:
Landscaping is not required by the Landscape and Tree Protection Ordinance.
Only WCF landscape and screening standards apply.
NOT I F I CAT I 0 N:
All owners of property located within 200 feet of the site,all residents within 300
feet who could be identified and the South of Asher and SWLR United for
Progress Neighborhood Associations were notified of this issue.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Tracy Gill was present representing the application.Staff presented the item
and explained the deferral request.Photographs of the site and surrounding
properties were shown.There were no other staff comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF REPORT:
The Alltel Cellular Associates Wireless Communication Facility (WCF)located at
5600 West 35'treet consists of a 130 foot tall monopole tower and a 12 foot
by 28 foot equipment shelter within a 70 foot by 70 foot lease area.The lease
area is within a 2a acre,I-2 Industrial zoned site.The WCF lease area is
enclosed by a 6 foot tall chain-link fence.The I-2 zoned parent tract is itself
June 26,2003
ITEM NO.:16 Cont.FILE NO.:Z-6047-E
enclosed by a 6 foot tall chain-link fence and contains a vacant industrial building
and vestiges of an asphalt paved parking lot.A second WCF containing a 150
foot tower and 2 equipment facilities is also located on the parent tract.This
Alltel facility was originally constructed with a 75 foot tall tower and an equipment
shelter in early 1995;prior to the adoption of the City's WCF regulations.On
September 25,1995,again prior to the current WCF regulations,the Board of
Adjustment approved increasing the height of the tower from 75 feet to 130 feet.
Under the City's WCF regulations,as adopted in January 1998 and subsequently
amended,the base of each WCF tower site is to be screened with an 8 foot tall
wood privacy fence and a 6 foot wide landscape strip containing trees and
shrubbery on each perimeter.Existing sites are to be brought into compliance
with the screening and landscaping provisions unless compliance is deferred by
the Planning Commission through the tower use permit process.
Alltel Cellular is requesting a deferral of the screening and landscaping
requirements on all 4 perimeters of the WCF site.
Staff is supportive of the Tower Use Permit and the requested screening and
landscaping deferral.The WCF is located at the rear of a vacant industrial site.
Areas of undeveloped,heavily vegetated floodway are adjacent to the west and
south of the parent tract.The industrial properties to the north contain the
previously mentioned vacant building and an auto repair garage.The rear of a
private school gymnasium building is located to the east.A line of shrubbery and
trees provides screening along the east perimeter of the parent tract.On
December 4,2001,the Board of Directors approved a waiver of the landscaping
and screening requirements for the second WCF located on this property.There
is no occupied residential property within 4001 feet of this WCF site.
Staff supports a deferral of the landscaping and screening until such time as a
"major change in circumstance"as defined in Section 36-593(c)(6)of the Code.
Section 36-593(c)(6)states a "major change in circumstance"means that:
(1)the area within 200 feet of the boundaries of the WCF tower site has
developed to the point that there is a virtually unobstructed view of the
tower site from any adjoining occupiable residential structure or from
public property or right-of-way,and
(2)the City has received a complaint from the owner of an occupiable
structure located within 200 feet of the tower site that the site has
insufficient landscaping or screening in place;and
(3)the City has requested that the parties resolve the issue by agreeing to
certain screening or landscaping requirements consistent with LRC g36-
593 which can be granted administratively by the Director of Planning and
2
June 26,2003
ITEM NO.:16 Cont.FILE NO.:Z-6047-E
Development,but no agreement has been reached,or sufficient
additional space around the site has been acquired to meet the
landscaping,setback and screening requirements of LRC f36-593.
STAFF RECOMMENDATION:
Staff recommends approval of the Tower Use Permit.
Staff recommends approval of a deferral of the landscape and screening
requirements on all 4 perimeters of the WCF lease site until such time as a
"major change in circumstance"as defined in Section 36-593(c)(6)of the Code.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval of T.U.P.and of the landscape and
screening deferral as noted 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 7 ayes,1 noe,2 absent and 1 recusing (Stebbins).
3
June 26,2003
ITEM NO.:17 FILE NO.:Z-3263-A
NAME:Carr Enterprises —Conditional Use Permit
LOCATION:415 East 9 'treet
OWNER/APPLICANT:Carr Enterprises/Gerald New
PROPOSAL:A conditional use permit is requested to allow
redevelopment of this vacant,three-story,8,000
square foot structure into a 7-unit apartment house.
The property is zoned R-4A.
SITE LOCATION:
The property is located on the south side of East 9'treet,between Rock
and Commerce Streets.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an area of mixed uses ranging from single
family and multifarnily to nonconforming commercial uses,a fire station
and two city parks.The applicant proposes to redevelop a derelict
building that has a history of use as a multifamily development.The
proposed redevelopment should benefit the neighborhood and the
proposed use is compatible with uses in the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Downtown and MacArthur
Park Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The site is currently accessed via a gravel driveway off of the adjacent
alley.A 7-unit apartment development requires 10 on-site parking
spaces.The applicant has submitted a plan that provides a new paved
driveway and 8 parking spaces on the site.Four additional spaces are
located east of the driveway on the adjacent property and four spaces are
shown off of the alley just south of the site,again on adjacent property.
The applicant is pursuing a parking agreement with those property
owners.
4.SCREENING AND BUFFERS:
If vehicular use areas are to be developed,then landscape ordinance
requirements must be satisfied.A twenty-five (25)percent reduction of
June 26,2003
ITEM NO.:17 Cont.FILE NO.:Z-3263-A
normal landscape requirements is allowed within the designated mature
area of the City.
5.PUBLIC WORKS COMMENTS:
1.The new driveway shall be a concrete apron per City Ordinance.With
construction,repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Service available,not adversely affected.
Entergy:No comments received.
Reliant:Approved as submitted.
Southwestern Bell:No comments received.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.All Central Arkansas Water requirements in
effect at the time or request for water service must be met.
Fire Department:Stairways must meet Fire Code.
Count Plannin:No comments received.
CATA:No comments received.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Gerald New was present representing the application.Staff presented the item
and noted additional information was needed regarding signage,site lighting,
dumpster location and fencing.Staff noted that the issue was going to be
reviewed by the Historic District Commission on June 5,2003.Staff discussed
the need for 10 on-site parking spaces and noted that the site plan did not
provide parking that conformed to ordinance standards for design,landscaping,etc...Mr.New stated he was working with adjacent property owners to devise a
comprehensive parking plan that could accommodate the needs of all
concerned.He presented a concept plan showing shared parking and stated he
was still working with the neighboring property owners.Staff voiced concern
about the design and about Mr.New's ability to have all parking issues resolved
in a timely manner.Staff urged Mr.New to concentrate on developing a parking
plan to provide as many parking spaces on his site as possible,while continuing
2
June 26,2003
ITEM NO.:17 Cont.FILE NO.:Z-3263-A
to develop a shared parking arrangement with neighboring property owners.
Mr.New was directed to meet with staff to develop an appropriate on-site
parking plan.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-4A zoned property located at 415 East 9 Street is occupied by a vacant,
8,000 square foot residential structure.The structure has two complete floors
with a partially finished attic space providing a third floor.The building was
constructed circa 1909 with a later addition.The original purpose of the building
is unknown,however it was used as a 23 room boarding house prior to its
closing.It has been vacant since 1981 and has fallen into disrepair.There is no
real on-site parking.A gravel driveway enters the site from the alley west of the
building,wraps around the east side of the building and exits onto 9 Street.
The occupants of the residential structures to the east are currently parking on a
gravel area on this property.
The applicant proposes to completely renovate the structure,converting it into a
multi-unit apartment building designed for students of the University of Arkansas—Little Rock Law School.There is no connection between the applicant and
UALR Law School.Plans call for 7-units,a lobby,laundry room and a
library/lounge.The lobby will contain such amenities as a copy machine,a fax
machine,a worktable,vending machines and chairs.The first floor will contain
the lobby and 3 apartments.The second floor will contain the laundry room and
3 apartments.The third floor will contain the library/lounge and 1 apartment.
Each of the apartments will contain 1 bedroom,a bathroom,a closet,a family
room and a kitchen.The external part of the building will be restored following
historic guidelines including new,wooden windows with insulated glass;new,
wood fascia and soffit;architectural shingles,maintaining the dimensions and
slopes of the roof;and removal of the remaining steel siding and repairing and
replacing the wood siding.
A new,paved driveway and parking area will be installed on the site.The
driveway will access the site from the alley on the west,circle around the building
and exit onto East 9 Street.Eight parking spaces will be constructed on the
site.Four additional spaces will be constructed east of the driveway,actually on
the rear of the triplex property to the east.The applicant is working to arrive at
an agreement with the owner of this adjacent property to provide the new parking
which will continue to serve the residents of the triplex as well as providing a
space for the proposed new 7-unit development.The alley in the south half of
the block was abandoned in 1999 and a fence was erected cutting the remaining
alley off from the apartment parking lot located in the south part of the block.A
3
June 26,2003
ITEM NO.:17 Cont.FILE NO.:Z-3263-A
turn-around was constructed at the terminus of the alley.This turnaround has
evolved into a parking area.The applicant proposes to use that area for 4
additional parking spaces.The applicant owns the properties on both sides of
the alley.The turnaround is not needed since a new circular driveway will
provide access from the alley back onto 9 Street.In summary,the 7-unit
apartment proposal requires 10 on-site parking spaces at 1.5 spaces per unit.
The applicant proposes to have 8 spaces actually on the site and 8 spaces off
the site,under a parking agreement with adjoining property owners.Staff is
supportive of this arrangensent.Ideally,all of the property owners will join the
agreement and more than adequate parking will be available.If not,the
applicant will have 8 spaces on his site.Although there is no parking allowed on
9 Street,some on street parking is available on the cross streets in the
immediate vicinity.
The Historic District Commission reviewed and approved the applicant's
renovation plans at its June 5,2003 meeting.
The applicant has not submitted a signage plan.Any signage,either ground-
mounted or placed on the wall of the building,must conform to MacArthur Park
Historic District standards.
STAFF RECOMMENDATION:
Staff reconimends approval of the requested conditional use permit subject to
compliance with the following conditions:
1 Compliance with Public Works and Fire Department Comments.
2.Compliance with the City's Landscape and Tree Protection Ordinance with
consideration given to this project being the renovation of an existing site
located in the mature area of the City.
3.Compliance with Historic District guidelines as administered by the MacArthur
Park Historic District Commission,including signage restrictions.
4.The new driveway and parking area is to be overlaid with a shared access
easement,if the shared parking agreement is reached
Staff recommends approval of a parking variance to allow some of the parking to
be off-site,with 8 of the required 10 parking spaces being provided on-site.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval subject to compliance with the
4
June 26,2003
ITEM NO.:17 Cont.FILE NO..Z-3263-A
conditions outlined in the "Staff Recommendation"above.Staff also
recommended approval of a parking variance.
There was no further discussion.
The iten'as placed on the Consent Agenda and approved as recommended by
staff,including the parking variance.The vote was 9 ayes,0 noes and 2 absent.
5
June 26,2003
ITEM NO..18 FILE NO.Z-4360-B
NAME:Hoisted —Accessory Dwelling Conditional Use Permit
LOCATION.5411 "L"Street
OWNER/APPLICANT:David and Nancy Hoisted
PROPOSAL:A conditional use permit is requested to allow for
construction of a two-story accessory structure
containing an accessory dwelling on the upper floor.
The property is zoned R-2.
STAFF REPORT:
On June 10,2003,the applicant requested that this item be withdrawn.
STAFF RECOMMENDATION:
Staff recommends that the item be withdrawn,without prejudice.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was not present.There were no objectors present.Staff informed
the Commission of the applicant's request to withdraw the item.There was no
further discussion.
The item was placed on the Consent Agenda and approved for withdrawal,
without prejudice.The vote was 9 ayes,0 noes and 2 absent.
June 26,2003
ITEM NO.:19 FILE NO.:Z-4849-A
NAME:Sipe Ministries Day Care —Conditional Use Permit
LOCATION:8619,8705 and 8707 Stanton Street
OWNER/APPLICANT:Sipe Ministries,Inc./Terry Burruss
PROPOSAL:A conditional use permit is requested to allow for the
phased redevelopment of this existing private school
—daycare.The property is zoned R-2.
1.SITE LOCATION:
The site is located on the east side of Stanton Road,500 feet north of
Baseline Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The school has been in operation at this location for 201 years.The
proposal is to replace the older buildings now being used with new
buildings and to construct some much needed on-site parking.The site is
located in an area of mixed zoning and uses and the proposed
redevelopment of this existing use should be compatible 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 Upper Baseline,
Windamere and SWLR United for Progress Neighborhood Associations
were notified of this request.On June 10,2003,the Upper Baseline
Neighborhood Association voted to support the application.
3.ON SITE DRIVES AND PARKING:
The school currently has an enrollment of 70 students and 10 employees;
requiring 17 parking spaces under current guidelines,Phase I will add 3
more spaces,bringing the total number of on-site parking spaces to 17.
Phase II will add 6 employees and 70 children.Phase III will add 7
employees and another 70 children.New parking will be built in phases
corresponding to the new enrollment and added employees.Ultimately
the site will have 210 children and 23 employees;requiring 44 parking
spaces.The new parking lot will contain 43 spaces.With the drop-off
spaces along the front of the property,there will be more than enough
parking on site.In Phase II,one of the existing driveways will be closed,
leaving 1 entry-only driveway and 2 exit-only driveways.
June 26,2003
ITEM NO.:19 Cont.FILE NO.:Z-4849-A
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Tree Protection Ordinance is
required.
The land use buffers along the northern and southern perimeters drop
below the nine (9)foot width requirement of the zoning ordinance and the
six (6)feet and nine (9)inches requirement of the landscape ordinance.
The street buffer drops below the twenty-eight (28)foot width requirement
average and the fourteen (14)foot width minimum allowed at any given
point.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall or dense evergreen plantings,is required along
the northern perimeter of the site being developed.
5.PUBLIC WORKS COMMENTS:
1.The existing right-of-way of 30'rom centerline meets master street
plan requirements.
2.Storm water detention ordinance applies to this property.Show the
proposed location for future stormwater detention facilities on the plan
and locations of all storm water entering and leaving the site.
3.Driveway locations do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210.Two driveways should be
closed with one-way driveway circulation northbound.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No comments received.
Reliant:Approved as submitted.
Southwestern Bell:Approved as submitted.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.A Capital Investment Charge based on the size
of the meter connection(s)will apply for additional meters for this
2
June 26,2003
ITEM NO.:19 Cont.FILE NO.:Z-4849-A
project in addition to normal charges.All Central Arkansas Water
requirements in effect at the time of request for water service must be
met.
Fire Department:Approved as submitted.
~C
CATA:No comments received.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Terry Burruss and Edman Sipe were present representing the application.Staff
presented the item and noted that much more information was needed on
specifics of the development.A lengthy list of needed information was
presented.The applicant was advised to provide the needed details by June 11,
2003.Public Works and Landscape Comments were presented.The applicant
was advised that the required closure of the driveways could correspond to the
phased development of the site.
After advising the applicant to provide the needed information to staff,the
Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 8619,8705 and 8707 Stanton Road is
occupied by Sipes Ministries Day Care.The property contains 4,one-story
buildings and 1,two-story building.The one-story buildings house classrooms
and the two-story building contains an activity center on the ground floor and
offices on the second floor.Four driveways provide access to a gravel parking
area located along the front of the buildings,adjacent to Stanton Road.The day
care has an enrollment of 70 students and 10 employees.The day care is a
nonconforming use having been in place prior to the property's annexation into
the City.Hours of operation are Monday through Friday,6:30 a.m.—6:00 p.m.
A small,fenced playground is located directly behind the activities building and
an open,play area is located on most of the rear of the property.Children'
ages range from 18 month to 5 years.The property is enclosed with a
combination of chainlink and privacy fencing.
The applicant is proposing the phased redevelopment of the property,resulting
in the removal of all one-story buildings and replacement with 3 new buildings.
An increase in enrollment is proposed and a new parking lot will be constructed.
3
June 26,2003
ITEM NO.19 Cont.FILE NO..Z-4849-A
The new buildings will be a combination of masonry/metal siding with a metal
roof.The buildings will be 181 feet in height and will have a roof pitch of 2:12.
Phase I consists of the removal of the northernmost building and construction of
a new,5,400 square foot building in its place.Three parking spaces will be built
at the north end of the property to provide the needed 17 spaces.No change to
the current enrollment of 70 children and 10 employees is proposed in Phase I.
Phase II consists of the removal of a second one-story building,construction of a
new,5,400 square foot building in its place,construction of a portion of the new
parking lot and removal of one of the four driveways onto Stanton Road.The
southernmost driveway will become a one-way entry only and the two
northernmost driveways will be one-way exit only.By having two exit driveways,
parents dropping off or picking up children at the middle (Phase II)building will
not have to drive in front of the Phase I building to exit the site.Staff believes it
is appropriate to require the paving of the existing gravel driveway/parking area
adjacent to Stanton Road in conjunction with Phase II since this phase will result
in the closure of one of the driveways and construction of a portion of the new,
paved parking lot.This phase will also result in 6 additional employees and an
expansion in enrollment to 140 students.
Phase III consists of the removal of the two southernmost one-story buildings,
construction of a single,5,400 square foot building in their place and completion
of the new paved parking lot.This phase will result in 7 additional employees for
a total of 23 and in increase in enrollment to 210 students.
The two-story office/activity building will remain.A 640 square foot grounds
building will be built at some point.No changes are proposed to fencing or the
play areas.No signage plan has been submitted but staff would recommend
that any new signage comply with the office/institutional district standards.
Staff is supportive of the requested conditional use permit.Redevelopment of
the site with new buildings and paved parking should be a positive for the
neighborhood.Even at full enrollment,the day care should be compatible with
uses and zoning in the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1.Compliance with staff comments and conditions outlined in Sections 4,5 and
6 of this report.
2.Compliance with the approved site plan and the proposed phasing plan.
4
June 26,2003
ITEM NO.:19 Cont.FILE NO.:Z-4849-A
3.With Phase II the existing gravel driveway and parking area located in front of
the buildings adjacent to Stanton Road is to be paved and landscaped with
additional landscaping to offset the reduced street buffer.
4.With Phase II one of the two southern driveways is to be removed resulting in
1 entry-only driveway and 2 exit-only driveways.
5.All new signage is to comply with office and institutional standards.No new
ground-mounted signs are to be erected on the site without existing ground-
mounted signs being removed.
6.Any new site lighting is to be shielded and aimed downward and into the site.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was not present.There were no objectors present.Staff informed
the Commission that the applicant had not completed the required notification
and the item needed to be deferred.A letter of support had been submitted bySWLRUnitedforProgressandtheUpperBaselineNeighborhoodAssociation.
The item was placed on the Consent Agenda and approved for deferral to the
July 24,2003 meeting by a vote of 9 ayes,0 noes and 2 absent.
5
June 26,2003
ITEM NO.:20 FILE NO.:Z-7415
NAME:Berg Accessory Dwelling —Conditional Use Permit
LOCATION:1725 North Spruce Street
OWNER/APPLICANT:Mike and Larita Berg
PROPOSAL:A conditional use permit is requested to allow for
conversion of an existing accessory building into an
accessory dwelling.The property is zoned R-2.
1.SITE LOCATION:
The property is located on the east side of North Spruce Street,one lot
south of Cantrell Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that is exclusively single family in
nature,however there are other properties in the vicinity that have
accessory dwellings and guest quarters.The applicant is proposing the
accessory dwelling as a temporary use,after which the structure will be
converted into a pool house.Given the temporary nature of the use and
the fact that the structure is already existing.Staff believes the proposed
use is compatible 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 Heights and Prospect
Terrace Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The single family residence and accessory dwelling require one,on-site
parking space each.The applicant is proposing to construct a two-car
garage.The driveway is deep enough to accommodate additional
vehicles,if needed.
4.SCREENING AND BUFFERS:
None required.
5.PUBLIC WORKS COMMENTS:
No Comments.
June 26,2003
ITEM NO.:20 Cont.FILE NO.:Z-7415
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer located in easement on east side of property.No
New Construction allowed within easement.
Entergy:No comments received.
Reliant:Two (2)inch gas line at rear of lot;any relocation will be at
applicant's expense.
Southwestern Bell:Structures are not to encroach into the easement.
Water:Contact Central Arkansas Water if larger and/or additional water
meter(s)are required.All Central Arkansas Water requirements in
effect at the time of request for water service must be met.
Fire Department:Approved as submitted.
CATA:No comments received.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
The applicant,Mike Berg,was present.Staff presented the item and noted that
additional information was needed regarding the height of the proposed building,
fencing and utilities.Staff advised the applicant that the proposed garage
needed to be relocated out of the easement along the rear lot line.Mr.Berg
responded that no separate utilities were being proposed.Staff noted that an
area coverage variance was needed since the existing accessory building and
the proposed garage together exceeded the allowable 30%rear yard coverage.
Utility comments were noted.The applicant was advised to respond to staff
issues by June 11,2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-2 zoned property located at 1725 N.Spruce Street is occupied by a one-
story,brick and frame,single family residence and a detached,two-car garage
structure.Due to an extreme mold problem in the house,the applicant,with
staff's approval,has converted the garage into a temporary dwelling.The house
2
June 26,2003
ITEM NO.:20 Cont.FILE NO.:Z-7415
is to be razed and a new,two-story residence constructed in its place.The
applicant is requesting approval of a conditional use permit to allow the
continued use of the accessory building (garage)as an accessory dwelling.The
applicant proposes to have his 82 year old mother live in the accessory dwelling.
Once her occupancy of the structure ceases,the structure will be converted into
a pool house.The applicant also proposes to construct a new garage building
on the property in conjunction with the new house construction.The new garage
will be two stories in height,with storage above the garage.When added
together,the area of the two accessory structures exceeds the allowable rear
yard area coverage of 30%.The structures cover 53%of the required rear yard.
Privacy fencing encloses the rear yard.The applicant is not asking for separate
utilities and,in fact,has stated that the site will have one set of utilities.
Staff is supportive of the requested conditional use permit for this temporary
accessory dwelling.It is not out of character with the neighborhood to have
guest quarters or "mother-in-law"quarters.On June 11,2003,the applicant
submitted a revised plan showing the proposed new garage being moved out of
the 8 foot easement along the rear of the property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions proposed by the applicant:
1.Occupancy of the accessory dwelling is to be limited to the applicant's
mother,after which the structure will be used for storage and as a pool
house.
2.There will not be separate utilities to serve the accessory structures.
Staff recommends approval of a variance to allow the accessory structures to
cover 53%of the required rear yard.
PLANNING COMMISSION ACTION:(JLINE 26,2003)
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 also
recommended approval of the rear yard coverage variance.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff,including the area coverage variance.The vote was 9 ayes,0 noes and
2 absent.
3
June 26,2003
ITEM NO.:21 FILE NO..Z-7416
NAME:Cross Street Christian Church —Conditional Use
Permit
LOCATION:1223 Cross Street
OWNER/APPLICANT:Cross Street Christian Church/Rodney Cunningham
PROPOSAL:A conditional use permit is requested to allow for
construction of on-site parking and a fellowship hall
addition onto this existing,R-4 zoned church.
1.SITE LOCATION:
The church is located on the northeast corner of Cross and West 13
Streets.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The church has been at this location since 1929.No expansion of the
sanctuary is being proposed.The addition of on-site parking and a
fellowship hall should not affect the church's continued compatibility with
the neighborhood.Single family and two-family residences are located to
the east,north and west.The Carver YMCA is located to the south.
Several other non-residential uses are located along Chester Street and
Daisy Bates Drive,one block to the east and south respectively.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Downtown Neighborhood
Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
The church has about 100 members with 35-50 active for Sunday morning
services.There is currently no on-site parking.Based on a capacity of
100 persons,the site should have 20 parking spaces (1 space per 5 seats
for churches built prior to November 1,1988).This proposal does not
increase the seating capacity of the sanctuary or the church's parking
requirement.The church is proposing to construct a small parking lot with
6 spaces,taking access off of Cross Street.Previously proposed parking
off of the undeveloped alley has been eliminated at staff's direction.
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Tree Protection Ordinance is
required.
June 26,2003
ITEM NO.:21 Cont.FILE NO.:Z-7416
Areas set-aside for buffers and landscaping meet with ordinance
requirements.
A six (6)foot high opaque screen,either a wooden fence with its face side
directed outward,a wall or dense evergreen plantings,is required along
the northern perimeter.
5.PUBLIC WORKS COMMENTS:
1.Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No cornrnents received.
Reliant:No objection.
Southwestern Bell:No comments received.
Water:No objection.
Fire Department:Approved as submitted.
Count Plannin:No comments received.
CATA:No comments received.
SUBDIVISION COMMITTEE COMMENT:(JUNE 5,2003)
Rodney Cunningham was present representing the application.Staff presented
the item and noted some additional information was needed regarding building
height and design,site lighting and signage.Staff noted that there was not
enough space on the site to accommodate the proposed parking shown east of
the building.Public Works Staff echoed those concerns and commented that
the required improvements to the alley would eliminate any space for parking in
that area.Staff noted that no increase in seating was being proposed so there
was no requirement to provide additional parking.Staff suggested that the
parking proposed east of the building be eliminated,leaving only the proposed
new parking north of the building.Mr.Cunningham agreed to do so.
2
June 26,2003
ITEM NO.:21 Cont.FILE NO..Z-7416
The applicant was advised to respond to staff issues by June 11,2003 The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
Cross Street Christian Church is located on the R-4 zoned property at 1223
Cross Street.The church's ownership consists of two adjacent,50 foot wide
lots.The existing,one-story,brick church building is located on the corner lot.
The church was built in 1929 and an addition was constructed in 1950.The
sanctuary was rebuilt after a fire in 1980.The church has no on-site parking.
The church is proposing the construction of a 39'50'ddition and a small
parking lot containing 6 parking spaces.Both the addition and the parking lot are
located on the north side of the existing church building.The expansion will
accommodate a fellowship hall.No expansion of the sanctuary is proposed.
The church has about 100 members,with 35-50 active for Sunday morning
services.No additional activities such as day care,private school or Mother'
Day Out program are conducted on the site.No additional site lighting is
proposed.The one existing ground-mounted sign will continue to be utilized.
Staff is supportive of the requested conditional use permit.Cross Street
Christian Church has been a part of this neighborhood for nearly 75 years.The
fellowship hall addition will not affect the church's continued compatibility with the
neighborhood.The proposed 6 parking spaces,although not required,will be of
benefit.On June 10,2003,the applicant submitted responses to issues raised
at Subdivision Committee.At staff's suggestion,the proposed parking area east
of the church has been removed.Screening along the north perimeter of the site
will consist of dense evergreen plantings.To staff's knowledge,there are no
outstanding issues.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1.Compliance with the City's Landscape and Tree Protection Ordinance and
Buffer Ordinance.
2.Compliance with Public Works Comments.
3.Compliance with the approved site plan.
3
June 26,2003
ITEM NO.:21 Cont.FILE NO.:Z-7416
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval subject to compliance with the
conditions outlined in the "Staff Recommendation"above.
There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended by
staff.The vote was 9 ayes,0 noes and 2 absent.
4
June 26,2003
ITEM NO.:22 FILE NO.:G-25-188
Name:Timber Ridge Drive Street Name Change
Location:Timber Ridge Drive,between West Markham
Street and Kanis Road,adjacent to Timber
Ridge Addition
Petitioner:Gibralter Heights —Timber Ridge —Point West
Neighborhood Association
Receuest:To rename Timber Ridge Drive to Atkins Road
Abuttin Uses and Ownershi:
Eleven (11)residences (one of which is vacant),one (1)business and several
vacant tracts front directly onto Atkins Road/Timber Ridge Drive and take an
address from that street.Numerous residences in the Timber Ridge and Point
West Neighborhoods back up to the street.These homes take addresses from
other streets within their respective subdivisions.
Nei hborhood Effect and Position:
Eliminating the confusion over the two street names will have a positive effect on
the neighborhood.Only a hand-full of property owners will have to change
addresses.100%of all affected parties have signed the petition in support of the
street name change.The application was submitted by the Gibralter Heights—
Timber Ridge —Point West Neighborhood Association.
Effect on Public Services:
No opposition has been voiced by Public Utilities or Agencies.Eliminating the
confusion over the street name will enhance public safety,post office and other
service entities'esponse to citizen's needs in the area.No street signs will need
to be changed.There are only signs at the Markham and Kanis ends of the
street and these both read "Atkins Road"already.
S
The Gibralter Heights —Timber Ridge —Point West Neighborhood Association
and affected property owners are requesting that the name of Timber Ridge
Drive be changed to Atkins Road.The street name confusion is a result of an
error committed when the Timber Ridge Addition was platted many years ago,
Atkins Road extends approximately 3,400 feet from West Markham south to
Kanis Road.At the time Timber Ridge Addition was platted,right-of-way was
dedicated for widening of Atkins Road and the plat showed the street being
June 26,2003
ITEM NO.:22 Cont.FILE NO.:G-25-188
named Timber Ridge Drive.This has resulted in the situation of Atkins Road
extending south of Markham approximately 750 feet,changing to Timber Ridge
Drive for 1,300+feet where adjacent to Timber Ridge Addition and then reverting
to Atkins Road for the remaining 1,300'eet south to Kanis Road.
There are only street name signs at the Markham and Kanis intersections.Both
signs read "Atkins Road"with no acknowledgement of Timber Ridge.Some
residents along the street receive mail under both Atkins Road and Timber Ridge
Drive.
The street name puzzle has resulted in confusion for service vehicles,postal
deliveries and emergency responders.This confusion will be eliminated by
having the "Timber Ridge Drive"portion of the street name revert to 'Atkins
Road".
SUBDIVISION COMMITTEE COMMENT:(J UNE 5,2003)
Staff presented the item and briefly discussed the manner in which the street
name confusion occurred.The Committee determined there were no other
issues and forwarded the item to the full Commission.
STAFF RECOMMENDATION:
To staff's knowledge,there are no outstanding issues.Staff recommends
approval of the requested street name change.
PLANNING COMMISSION ACTION:(JUNE 26,2003)
The applicant was present.There were no objectors present.Staff presented
the item and a recommendation of approval.
There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of 9 ayes,
0 noes and 2 absent.
2
June 26,2003
ITEM NO.:23 FILE NO.:Z-7357-A
NAME:Shephard Day Care Family Home —Special Use
Permit
LOCATION:7803 Preston Drive
AP P LI CANT:Janice Shephard
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 7803 Preston Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who could
be identified and the West Baseline,Chicot and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS:
7803 Preston Drive is located on the south side of Preston Drive,which runs
west off of Chicot Road.All surrounding properties are zoned R-2,with single
family residences to the north,east and west.There is undeveloped property to
the south.
The home located at 7803 Preston Drive is a one-story brick and frame structure
and is typical of those in the general area.There is a two-car driveway from
Preston Drive,with parking for four (4)vehicles.The rear yard is fenced and
provides a safe play area.The applicant proposes to operate the day care from
6:00 a.m.to 8.00 p.m.,Monday through Friday.
The applicant provided a copy of the Bill of Assurance for the neighborhood,
which was recorded on 1962.The Bill of Assurance appears to still be in effect,
and contains the following statement:
"No lots shall be used except for residential proposes."
The applicant proposes that the principal use of the property remain single family
residential,as she proposes to live there.No signage beyond that allowed in
single family zones will be permitted.The applicant has noted that she is
licensed by the State Department of Human Services.
June 26,2003
ITEM NO.:23 Cont.FILE NO.:Z-7357-A
Section 36-54(e)(3)of the City of Little Rock Zoning Ordinance establishes the
site and location criteria for day care family homes as follows:
a.This use may be located only in a single family home,occupied by the care
giver.
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 linnited 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.
Special Use Permits are not transferable in any manner.Permits cannot be
transferred from owner to owner,location to location or use to use.
The applicant,Janice Shephard,currently lives next door to this site at 7801
Preston Drive.She has stated that she intends to move her primary residence to
7803 Preston Drive in order to conform to Section 36-54(e)(3)a.as listed above.
Ms.Shephard previously filed a conditional use permit to convert 7803 Preston
Drive to a day care center,while still living at 7801 Preston Drive.However,that
application was denied by the Planning Commission at its February 20,2003
meeting.The issue of a possible day care family home at one of the two
residences was discussed at that meeting.
Staff is not opposed to a day care family home being operated at 7803 Preston
Drive.However,based on conversations with the applicant's daughter (Ms.
Flowers)and area residents,staff is not convinced that Ms.Shephard intends to
make 7803 Preston Drive her primary residence.Given this and possible other
unanswered questions,staff is not prepared to support the application at this
time.
STAFF RECOMMENDATION:
Staff reserves the recommendation on this issue until the applicant addresses
certain questions at the public hearing.
PLANNING COMMISSION ACTION:(JLINE 26,2003)
The applicant was not present.There were several objectors present.Staff
informed the Commission that the applicant had submitted a request that the
item be withdrawn.
2
June 26,2003
ITEM NO.:23 Cont.FILE NO.:Z-7357-A
With a vote of 9 ayes,0 nays and 2 absent,the Commission voted to waive their
bylaws and accept the withdrawal request being less than five (5)days before
the public hearing.
Staff noted that there was no filing fee charged for this application,as previously
requested by the Commission.Staff noted that any subsequent applications at
7801 or 7803 Preston Drive would be charged a filing fee.
The item was placed on the Consent Agenda and approved for withdrawal by a
vote of 9 ayes,0 noes and 2 absent.
3
June 16,2003 2-g
LITTLE ROCK PLANNING COMMISSION
723 West Markham Street
Little Rock,Arkansas 72203
Re:A special use permit —Day Care Family Home (6 to 10)children at
7803 Preston Drive —June 26 meetin~~.
Dear Commissioner:
As a property owner in Chicot Terrace subdivision&I am very concerned about the
special use permit at 7803 Preston Drive and would like to request this permit NOT be
granted.
Our subdivision is zoned R2 and according to our Bill of Assurance,which is still in
efFect,the property is for single family use only.This property has been leased for the
sole purpose to open a day care center.No one lives in this house as of this date.
I purchased my horne because it was a good neighborhood with no businesses.My
concern is the impact the business will have on my home and others in the neighborhood
and how it will devalue our property.We do not want the noise,traffic,and other
problems that occur with these businesses.Our neighborhood has been rather fragile but
with the alert center it has stabilized,and we would like to continue to improve and
maintain our property values.
The location is particularly dangerous because it is in a S curve on Preston Drive,a two
lane through street that is heavily used since it connects Chicot and Mann roads to other
streets.In the past there has been accidents involving trees lamp posts,mail boxes,
shrubbery,automobiles,and car-port post in this section of street.
There is already numerous day care facilities in this subdivision.I feel there are more
appropriate sites for this business with proper facilities,parking and access to and from
city streets.Therefore I do not think this request will be a hardship for residents in our
area.
I wish to thank you for considering this request to deny this permit.
Ernest Gibson
c7
RECEIVED
JUN 17 5~3
HY
Junc 16,2003
y-~So-1-4
LITTLE ROCK PLANNING COMMISSION
723 West Markham Street
Little Rock,Arkansas 72203
Re:A special use permit —Day Care Family Home (6 to 10}children at
7803 Preston Drive —June 26 meeting
Dear Commissioner:
As a property owner in Chicot Terrace subdivision,I am very concerned about the
special use permit at 7803 Preston Drive and would like to request this permit NOT be
granted.
Our subdivision is zoned R2 and according to our bill of assurance,which is still in
efFect,the property is for single family use only.This property has been leased for the
sole purpose to open a day care center.No one lives in this house as of this date.
My husband and I purchased our home thirty four years ago because it was a good
neighborhood NOT a business/neighborhood.Our concern is the impact the business
will have on our home and others in our neighborhood and how it will devalue our
property.We do not want the noise,trathc and other problems that occur with these
businesses.Our neighborhood has in the past been rather fragile but with the alert centers
it has stabilized,and we v ould like to continue to improve and maintain our property
values.
Our lots are small and the houses are close together,there is approximately only twenty
feet between each house.
This location is particularly dangerous because it is situated in a S curve on Preston
Drive,a two lane through street that is heaxily used since it connects Chicot and Mann
roads to other streets.In the past there has been accidents involving trees,lamp posts,
mail boxes,shrubbery,automobiles and car-port post in this section of street.
There are three other day care facilities within three blocks of 7803 Preston Drive.We
feel there are more appropriate sites for this business with proper facilities,parking and
access to and &om city streets.Therefore we do not think this request will be a hardship
for residents in our area.
We wish to thank you for considering this request to deny this permit.RECEIVED1
JUN j 7 33II3
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June 26,2003
There being no further business before the Commission,the meeting was
adjourned at 6:20 p.m.
oa~e 8 7 ZOCl3
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S r ar Chairman