HomeMy WebLinkAboutpc_08 07 2003LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
MINUTE RECORD
AUGUST 7,2003
4:00 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being eleven (t t)in number.
Members Present:Judith Faust
Gary Langlais
Norm Floyd
Bob Lowry
Mizan Rahman
Jerry Mayer
Fred Allen,Jr.
Rohn Muse
Robert Stebbins
Obray Nunnley,Jr.
Bill Rector
Members Absent:None
City Attorney:Cindy Dawson
Approval of the Minutes of the June 26,2003 Meeting of the Little Rock
Planning Commission.The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING —REZONING —CONDITIONAL USE HEARING
AUGUST 7,2003
4;00 P.M.
DEFERRED ITEMS:
A.S-1385 Callaghan Creek Preliminary Plat located north of Raines Road
and east of Sullivan Road.
B.S-1393 Otter Creek Plaza Preliminary Plat located on the northeast
corner of Otter Creek Parkway and Stagecoach Road.
NEW ITEMS:
1.River Market Ordinance Review Package
2.Z-6599-A Rezoning from R-2 to C-3
North side of Otter Creek Road,at Stagecoach Road
3.Z-7452 Davis Day Care Family Home —Special Use Permit
10023 Santa Monica Drive
4.G-40-22 Central Arkansas Water —Water Main Extension
Along Rodney Parham Road and River Mountain Road
5.G-23-325 Stonewall and Polk Streets —Right-of-Way Abandonment
Adjacent to 2022 N.Polk Street
6.G-23-326 East 16 Street —Right-of-Way Abandonment
Between Blocks 9 and 16,Dodge Addition
7.G-23-327 Taylor Street and Alley Right-of-Way Abandonments
Between West 28'nd West 30 Streets
8 G-23-328 Greathouse Bend Drive —Right-of-Way Abandonment
South of Overlook Drive
9.G-23-329 Alley —Right-of-Way Abandonment
Block 13,Original City of Little Rock
10.Z-4973-D PCD Revocation and Splash Car Wash Conditional Use Permit
3021 Cantrell Road
11.Z-5427-A J.D.Leasing Parking Lot C.U.P.
SE corner of Kanis Road and Cherry Brook Drive
Agenda,Page Two
NEW ITEMS:(Cont.)
12.Z-5781-A St.James United Methodist Church Family Life Center—
Conditional Use Permit
300 Pleasant Valley Drive
13.Z-6599-B Splash Car Wash —Conditional Use Permit
NE corner of Stagecoach Road and Otter Creek Road
14.Z-5868-A Archild Day Care —Conditional IJse Permit
West 10 Street,between Harrison Street and Fair Park Blvd.
15.Z-6860-A Sirius Dog Spa —Conditional Use Permit
5300 West Markham Street
16.Z-7429 Brown Accessory Dwelling —Conditional Use Permit
1814 East 38 'treet
17.Z-7449 Hubbard Impound Lot —Conditional Use Permit
5703 Patterson
18.Z-7450 Collins Accessory Dwelling —Conditional Use Permit
13151 Cantrell Road
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August 7,2003
ITEM NO.:A 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 STR E ET:1 850
CURRENT ZONING:R-2,Single-family
PLANNING DISTRICT:17 —Crystal Valley
CENSUS TRACT:42.08
VARIANCES/WAIVERS 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.
A.PROPOSAL:
The applicant proposes to subdivide this 38 acre tract into 22 one-acre home
site,walking trails around a five acre lake and twelve acres of woodlands in a
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
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 the
Master Street Plan requirements for the internal streets.As stated the streets
will be maintained as private streets and will be constructed to City standard with
the exception of sidewalks.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 at
a greater lot depth to width ratio than is allowed under the Subdivision Ordinance
and a variance to allow lots to development without public street frontage (private
streets will serve the development).
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 and
has determined due to the development pattern in the area a Collector in not
needed in this location.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 the
east and south.The area is primarily single family in both stick built and
manufactured homes.The area to the south is a non-conforming non-residential
uses at one time used as a salvage yard.
C.NEIGHBORHOOD COMMENTS:
Southwest United for Progress,the Crystal Valley Neighborhood Association and
the Otter Creek Homeowners Association along with all abutting property owners
were notified of the Public Hearing.As of this writing,staff has not received any
comment from area residents.
2
August 7,2003
ITEM NO.:A 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 of
curb to back of curb.
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Outside service boundary,no comment.
~Enter: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
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.
3
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
Fire De artment:Place fire hydrants per code.Contact the Little Rock Fire
Department at 918-3752 for additional details.
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.He
stated he would return a revised plan to staff by the requested date.There were
4
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
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 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 than
three times the width [Section 31-232(b)j.Staff is supportive of the request to
allow an increased depth to width ratio for these three lots (Lots 12,13 and 20).
The applicant is also requesting the subdivision be developed with private
streets.Per the Subdivision Ordinance private streets shall be discouraged
however private streets maybe approved by the Planning Commission to serve
isolated development.The streets are to be constructed to public street
standards and are only permissible in the form of cul-de-sac and short loop
streets.The lots may develop on private street frontage if explicitly approved by
the Planning Commission.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 to
allow these lots to develop as double frontage lots is not required.(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 arterial
street,freeway,expressway or railroad right-of-way.)
The proposed development will utilize a private wastewater collection and
treatment facility.The facility is proposed as a Step System utilizing individual
septic tanks to contain the solids while the liquids are pumped off.The liquids
are then collected to a centralized treatment facility where they are treated prior
to release in the Callahan Creek.The applicant will be required to work with the
State Health Department to obtain approvals of this type system.
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 Plan
and has determined a collector street in this area is not necessary due to the
development patterns in the area.The area to the west has developed with the
rear of the homes abutting the proposed Collector street and the proposed
subdivision is to be developed with the rear of the homes abutting the proposed
collector street.Neither subdivision would take access to the street and both are
accessed by cul-de-sac streets.Staff will forward a Master Street Plan
amendment to the Board of Directors should the Commission approve the
removal of the Collector street from the Master Street Plan.
5
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
To Staff's knowledge,there are no outstanding issues associated with the
proposed request.The request is consistent with development patterns in the
area and should have minimal to no adverse impact on the surrounding area.
I.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 proposed
collector street from the Master Street Plan adjacent to the western boundary of
the proposed development.
PLANNING COMMISSION ACTION:(JUNE 12,2003)
Mr.Mike Watson of the Mehlburger Firm was present representing the request.There
were objectors present.Staff presented the item with a recommendation of approval
subject to compliance with the conditions outlined in paragraphs D,E and F of the
above report.Staff also presented positive recommendations of the waivers and
variances to the Subdivision and Master Street Plan Ordinances.Staff stated they were
supportive of the requested five (5)year deferral of Master Street Plan requirements to
Raines Road (1/2 street construction requirement)and the request to allow the internal
streets to be maintained as private streets.Staff stated the request for paved walking
trails to serve as an alternative pedestrian circulation system was also being supported.
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 the
properties western boundary.Staff stated after a review of the Master Street Plan it
had been determined due to the development pattern in the area Staff was requesting
the proposed Collector Street be removed from the Master Street Plan.Staff stated if
the Commission agreed their recommendation would be forwarded to the Board of
Directors with the amendment request.
6
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
John Wallis spoke in opposition of the proposed development.He stated his concerns
were with the discharge of the wastewater system into the creek.He stated his
property adjoined the site to the east and this was the low area of the site.He
questioned how the wastewater collection treatment system would be handled.
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 not
contacted.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 the
area and the roadway should be widened to accommodate the increased traffic.
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 and
treatment facility at the time of preliminary plat submittal.Ms.Dawson referred to
Section 31-400 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 how
applications in the past had been handled.Staff stated in the past they had not
reviewed an application which would be utilizing a private wastewater collection and
treatment facility.
The applicant stated the Health Department required construction drawing prior to the
issuance of a letter stating a design would work in an area.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 motion
carried by a vote of 10 ayes,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
August 7,2003
ITEM NO.:A Cont.FILE NO.:S-1385
PLANNING COMMISSION ACTION:(JULY 24,2003)
The applicant was not present representing the request.There were no ob)ectors
present.Staff stated the applicant had requested the iterri be deferred to the August 7.
2003 Public Hearing.Staff stated the request was not received as required by the
Planning Commission By-Laws and would require a waiver of the By-Laws to allow the
deferral.
A motion was n~ade to waive the By-Laws to allow the deferral of the request.The
naotion carried by a vote of 11 ayes,0 noes and 0 absent.
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 11 ayes,0 noes and 0 absent.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
Staff informed the Commission that the applicant requested the application be deferred
to the Septen~ber 4,2003 Planning Commission agenda.Staff supported the deferral
request
The Chairman placed the item before the Commission for inclusion within the Consent
Agenda for deferral to the September 4,2003 agenda.A motion to that effect was
made.The motion passed by a vote of 11 ayes and 0 nays.The item was deferred.
8
August 7,2003
ITEM NO.:B FILE NO.:S-1393
NAME:Otter Creek Plaza Preliminary Plat
LOCATION:On the northeast corner of Otter Creek Parkway and Stagecoach Road
DEVELOPER:
Paul Stagg
5016 Calice Creek Cove
North Little Rock,AR 72216
ENGINEER:
White-Daters Engineers
¹24 Rahling Circle
Little Rock,AR 72223
AREA:7.2 acres NUMBER OF LOTS:5 FT.NEW STREET:0
CURRENT ZONING:C-3,General Commercial and R-2,Single-family
PLANNING DISTRICT:16 —Otter Creek
CENSUS TRACT:42.08
VARIANCES/WAIVERS REQUESTED:None requested
A.P ROPOSAL:
The applicant proposes to subdivide this 7.2 acre tract into five non-residential
lots.The applicant has filed a rezoning request for Lot 5 to be heard at the
August 7,2003 Planning Commission Public Hearing.
The plat consists of five lots ranging in size from 0.87 acres to 2.15 acres.
Shared driveways and access will be used to limit the number of curb-cuts onto
August 7,2003
ITEM NO.:B Cont.FILE NO.:S-1393
the two arterials.Stagecoach Road is currently constructed to Master Street
Plan standard with necessary right-of-way in place.Otter Creek Road will be
widened to one-half of a 59 foot street with sidewalks.The applicant is
proposing a phasing plan for the final platting of the lots.The lots will be final
platted as development for the lot becomes imminent.The sidewalks will also be
phased with the final platting and be constructed when the adjacent lot develops.
B.EXISTING CONDITIONS:
The site is a vacant site with access to Otter Creek Road and Stagecoach Road.
The area is predominately non-residential uses including a large shopping center
containing a grocery store and several neighborhood commercial type uses and
a drive-in restaurant located on an out parcel.There is a large,vacant C-2
zoned site located to the southwest of the site adjacent to the drive-in restaurant.
The area to the south,across Otter Creek Road is zoned C-3 and being used as
an office use.
Stagecoach Road is a five lane road narrowing to two lanes at the intersection of
Otter Creek Road and Stagecoach Road.
C.NEIGHBORHOOD COMMENTS:
As of this writing,staff has received one informational phone call from an
adjoining property owner.All owners of property located within 200 feet of the
proposed site along with the Otter Creek Homeowners Association and
Southwest United for Progress were notified of the Public Hearing.
D.ENGINEERING COMMENTS:
Public Works:
1.Otter Creek 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.No
right turn lane required.
2."Streetlights".Prepare a letter of pending development addressing
streetlights as required by Section 31-403 of the Little Rock Code.Contact
Traffic Engineering at (501)379-1813 (Steve Philpott)for more information
regarding streetlight requirements.
3.Driveways shall conform to Section 31-210 or Ordinance 18,031.No
driveway allowed between Lots 1 and 2.Move driveway between Lots 4
and 5 to 265 feet from next driveway.
4.All driveways shall be concrete aprons per City Ordinance.
5.Re-plot the floodplain line per current FIRM map.
6.Set finished floor elevations.
2
August 7,2003
ITEM NO.:B Cont.FILE NO.;S-1393
E.UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater:Sewer main extension required,with easements,if service is
required for Lots 2 and 3.Contact Little Rock Wastewater Utility at 688-1414
for additional details.
~Enter:No comment received.
Center-Point Ener:Approved as submitted.
SBC:Approved as submitted.
Central Arkansas Water:The Little Rock Fire Department needs to evaluate
this site to determine whether additional public and/or private fire facilities will
be required.If additional water facilities are required,they will be installed at
the Developer's expense.A Capital Investment Charge based on the size of
the meter connection(s)will apply to this project in addition to normal
charges.This fee will apply to all meter connections including any metered
connections off the private fire system.An existing waterline easement
recorded as document 95-27136 should be shown on the plat.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.
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:(July 3,2003)
Mr.Joe White was present representing the applicant.Staff stated the request
was for a five lot plat most of which was located on C-3 zoned property.Staff
noted one of the proposed lots was currently zoned R-2 and the applicant had
filed a request to rezone the lot which would be heard by the Commission at their
August 7,2003 Public Hearing.
3
August 7,2003
ITEM NO.:B Cont.F ILE NO.:S-1393
Staff requested Mr.White provide the zoning classification of the proposed plat
on each lot.Staff also requested Mr.White locate the floodway to determine
that none of the proposed lots were affected by the floodway.Mr.White stated
the floodplain was located at 294 feet and a three foot fill would be required on a
small portion of proposed Lot 5.
Public Works comments were addressed.Staff noted the shared driveway for
proposed Lots 1 and 2 was too close to the intersection to meet the minimum
ordinance requirement.Staff stated the driveway should be located 300 feet
from the intersection and requested the drive be relocated to the north.Staff
also stated the required driveway for Lots 3 and 4 should be relocated to allow
265 feet from the driveway proposed for Lot 5.Mr.White stated the driveway for
Lot 5 would be relocated to the east to allow the minimum separation.
Staff noted comments from the other departments and agencies suggesting Mr.
White contact the various representatives for further clarification.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 on July 7,2003 addressing the
issues raised at the July 3,2003 Subdivision Committee meeting.The applicant
has relocated the driveway for proposed Lot 5 to the east allowing proposed Lot
5 single access.The remainder of the development is proposing shared
driveway locations.Staff is supportive of the driveways as proposed.
The applicant is proposing a minimum lot size of 0.87 acres or 37,892 square
feet.This is more than adequate to meet the minimum lot size required by the
C-3,General Commercial District (14,000 square feet).
The applicant has indicated right-of-way dedications will be made along the
roadways where required.The applicant has also indicated street improvements
will be constructed to Otter Creek Road.The applicant is requesting the
sidewalk placement be installed with each lot as they develop.Staff is not
supportive of the placement of sidewalks in this configuration.Staff feels the
sidewalks should be put in place upon the initial development to ensure the
sidewalks are placed within the subdivision.
Although there are no major outstanding issues associated with the proposed
request staff feels the approval should be held to coincide with the rezoning
request.If the zoning for proposed Lot 5 is not secured,then staff would not
support the platting of this area as a lot.Staff recommends the item be deferred
to the August 7,2003,Public Hearing to allow the request to be heard with the
rezoning request for proposed Lot 5.
4
August 7,2003
ITEM NO.:B Cont.F IL E NO.:S-1 393
STAFF RECOMMENDATION:
Staff recommends the item be deferred to the August 7,2003 Public Hearing to
allow the request to be heard with the rezoning request for the area which is
included in proposed Lot 5.
PLANNING COMMISSION ACTION:(JULY 24,2003)
Mr.Joe White of White-Daters and Associates was present representing the request.
There were no objectors present.Staff recommended the item be deferred to the
August 7,2003 Public Hearing.Staff stated the deferral would allow the item to be
heard with the rezoning request for a portion of the area included in proposed Lot 5.
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 11 ayes,0 noes and 0 absent
PLANNING COMMISSION ACTION:(AUGUST (.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 Con~mission 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 11 ayes and 0 nays.The application was approved.
5
August 7.2003
ITEM NO.:1
Name:River Market Design Overlay District Ordinance
Location:River Market District
Receuest:Llpdate Ordinance
Source:Staff
Staff has requested a deferral to the September 18,2003 agenda.
PLANNING COMMISSION ACTION:(AUG U ST 7,2003)
Staff informed the Conimission that the item needed to be deferred.Staff
requested a deferral to the September 18,2003 Agenda.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 18,2003 Agenda.A motion to
that effect was niade The motion passed by a vote of 11 ayes and 0 nays.
The application was deferred.
August 7,2003
ITEM NO.:2 FILE NO.:Z-6599-A
Owner:Highway 5/Otter Creek Investments,LLC
Ap p li ca nt:Dickson Flake Partners,Inc.
Location:North side of Otter Creek Road,approximately 450 feet east
of Stagecoach Road
Area:1.799 Acres
Request:To rezone from R-2 to C-3
Purpose:Future Commercial Development
Existing Use:Undeveloped
SURROUNDING LAND USE AND ZONING
North —Southwestern Bell Utility substation;zoned R-2
South —Engineering Company (across Otter Creek Road);zoned C-3
East —Floodway;zoned R-2
West —Undeveloped property;zoned C-3
A.PUBLIC WORKS COMMENTS:
1.Otter Creek 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.
August 7,2003
ITEM NO.:2 Cont.FILE NO.:Z-6599-A
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 Otter Creek,Crystal
Valley and SWLR United for Progress Neighborhood Associations were
notified of the proposed rezoning.
D.LAND USE ELEMENT.
This request is located in the Otter Creek Planning District.The Land Use
Plan shows Community Shopping for this property.The applicant has
applied for C-3 General Commercial for future commercial uses.
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 Otter
Creek(Crystal Valley Neighborhood Action Plan.The Commercial and
Office development goal listed an action statement of limiting commercial
and office development to the 'heart"of the planning area which is
defined as located along Stagecoach Road between Otter Creek and
Baseline Roads.
E.STAFF ANALYSIS:
Highway 5/Otter Creek Investments,LLC,owner of the 1.799 acre tract
located on the north side of Otter Creek Road (approximately 450 feet
east of Stagecoach Road),is requesting to rezone the property from R-2"
Single Family District to "C-3"General Commercial District for future
Commercial development.The owner has also filed a preliminary plat
which includes this property and the 5.4 acres immediately to the west
(noiiheast corner of Otter Creek and Stagecoach Roads),and a
conditional use perniit (car wash)for one of the lots which fronts on
Stagecoach Road.These items are also on this agenda.
On January 19,1999 the Board of Directors passed Ordinance 17,915
which rezoned the 5.4 acres at the northeast corner of Otter Creek and
Stagecoach Roads from R-2 to C-3.At that tinge,this property owner
thought that the 5.4 acres was all of the property they owned which was
located out of the floodway.Recent survey and topographical work done
by Garver Engineers revealed that additional property immediately east of
2
August 7,2003
ITEM NO.:2 Cont.FILE NO..Z-6599-A
the 5.4 acres was also out of the floodway.Therefore.the property owner
is requesting to rezone the additional property (1.799 acres)from R-2 to
C-3.
This general area at the intersection of Otter Creek and Stagecoach
Roads contains a mixture of commercial,office and residential uses.
There is also undeveloped residential and commercial zoned property.
There is a rather wide floodway located immediately east of this property,
with a Southwestern Bell utility substation to the north.As noted earlier
5.4 acres of undeveloped C-3 zoned property is located immediately to
the west.
The City's Future Land Use Plan designates this property as Community
Shopping.The requested C-3 zoning does not require a change to the
Land Use Plan.
Staff is supportive of the requested rezoning to C-3.Staff feels that the
C-3 zoning is appropriate for this site located at the intersection of two (2)
ma&or streets.Had the property owner realized in 1999 that this property
was not in the floodway,it would have been rezoned,along with the 5.4
acres to the west,at that tinge.Staff feels that the rezoning of this
property to C-3 will have no adverse impact on the adjacent properties or
this general area at the intersection of Otter Creek and Stagecoach
Roads
F.STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 zoning,subject to
compliance with the Public Works Comment as noted in paragraph A.of
this report.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
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 Chairnaan 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 11 ayes and 0 nays.The
application was approved.
3
August 7,2003
ITEM NO..3 F I L E N 0 ..Z-7452
Name:Davis Day Care Family Home —Special Use Permit
Location:10023 Santa Monica Drive
Applicant:Lisa R.Davis
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 10023 Santa Monica
Drive.
PUBLIC NOTIFICATION:
Property owners within 200 feet of the site,residents within 300 feet who could
be identified and the Santa Monica,OUR and SWLR United for Progress
Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS;
10023 Santa Monica Drive is located at the southeast corner of Santa Monica
Drive and Elmore Road.The properties to the north,east and west are zoned
R-2 and contain single family residences.A multifamily development is located
across Santa Monica Drive to the south.
The applicants'ome is a one-story brick and frame structure and is typical of
those in the general area.There is a two-car driveway from Elmore Road with
parking for four (4)vehicles.The rear yard is enclosed by a fence and should
provide a safe play area.The applicant proposes to operate the day care
Monday through Friday during the following hours:
Shift 1 —6:00 A.M.to 6;00 P.M.
Shift 2 —6:00 P.M,to 12:00 Midnight
The applicant provided a copy of the Bill of Assurance for the neighborhood,
which was recorded in 1978.The Bill of Assurance appears to still be in effect,
and contains the following statement.
"No lot which is designated as a single family lot shall be used
except for single family residential purposes."
The principal use of the property will remain single family residential.No signage
beyond that allowed in single family zones will be permitted.The applicant has
noted that she is in the process of applying for a license with the State
Department of Human Services.
August 7.2003
ITEM NO..3 Cont.FILE NO.:Z-7452
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 nunaber 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 frona owner to owner,location to location or use to use.
The applicant has inforn~ed staff that she has five (5)children,ranging in age
from 8 to 15.The applicant notes that her children will be at the residence only
during Shift 2 According to Section 36-54 as noted above,the applicant s
children must be counted in the overall number.
Although staff is not opposed to a day care family home at this location staff
does not support the day care use having a second (night)shift.Staff feels that
a second shift goes beyond the scope and intent of the day care family home
use.Staff feels that the overlap in shifts will produce more traffic than is
appropriate for a day care family hon~e,at a time of day when many other
neighborhood residents are likely to be returning home from work.
Staff Recommendations:
Staff recommends denial of the proposed day care family home special use
permit at 10023 Santa Monica Drive.
PLANNING COMMISSION ACTION.(AUGUST 7,2003)
The applicant was present.There were no objectors present.Staff informed the
Commission that the applicant had amended the application to delete the
proposed second day care shift.Therefore,staff recommended approval of the
special use permit,subject to the following conditions:
1 Conapliance with the site and location criteria established in Section 36-54(e)(3).
2
August 7,2003
ITEM NO.:3 Cont.FILE NO.:Z-7452
2.There is to be no signage beyond that permitted in single family zones.
3.Outdoor activities,including playground use,are to be limited to day-light
hours.
4.Hours of operation are to be from 6:00 a.m.—6:00 p.m.,Monday
through Friday.
Staff noted that Southwest Little Rock United for Progress submitted a letter of
support for the application as amended.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as amended by the applicant and recommended
by staff.A motion to that effect was made.The motion passed by a vote of
10 ayes and 1 nay.The application was approved.
3
August 7,2003
ITEM NO.:4 FILE NO.:G-40-22
Name Central Arkansas Water —Water Main
Extension
Location:Along Rodney Parham Road and River
Mountain Road
Owner/A licant Central Arkansas Water/USI-
Arkansas,Inc.Consulting Engineers
~Pro osal:In accordance with Act 186 of 1957,
Central Arkansas Water is requesting
approval of a 42-inch water main
extension as Phase I of a multi-phase
project to supply water to municipalities
in Lonoke County.
1.Public Works:
1.Obtain permits prior to doing any street cuts or curb cuts.Obtain barricade
permit prior to doing any work in the right-of-way.Contact Traffic Engineering
at (501)379-1817 (Derrick Bergfield)for more information.
2.Restoration of utility excavation cuts within proposed rights-of-way shall be in
accordance with Section 30,Article V.
3.Open cut excavations are not allowed on arterial streets including Cantrell
Road.
2.Utilities and Fire De artment:
L.R.Wastewater:Little Rock Wastewater Utility has reviewed the proposed
construction plan and have several possible problem areas that must be
resolved prior to start of construction on this project.
Central Arkansas Water:No Comments.
~Enter:No Comments received.
Southwestern Bell:No Comments received.
Center oint Ener Arkla:Mains located along Rodney Parham Road and
north side of Cantrell Road within the scope of this project.Any relocation
required of facilities will be reimbursable.
L.R.Fire De artment:No objection.
August 7,2003
ITEM NO.:4 Cont.FILE NO..G-40-22
3.Nei hborhood Notification:
The Pleasant Valley,River Ridge and Walton Heights-Candlewood
Neighborhood Associations were notified of the proposed water main extension.
As of this writing,staff has received no comment from the neighborhood
associations.
In accordance with Act 186 of 1957,Central Arkansas Water is requesting
approval of a 42-inch water main extension.Central Arkansas Water (CAW)has
entered into a contract to supply potable water to municipalities located in
Lonoke County.This project is Phase I of a multiple phased construction to
install transmission mains to the new service area,which will enable CAW to
comply with its contractual agreement.
The project description as provided by Central Arkansas Water is as follows:
The project begins 722 feet south of the intersection of
Systematics Drive and Rodney Parharn Road.The waterline will
extend to the north along the properties of Fidelity and Alltel.The
waterline will continue on public right-of-way across Pleasant
Valley Drive,Cantrell Road (HWY 10),and River Mountain Road
where the waterline will proceed northeast paralleling River
Mountain Road to a point 500 feet south of the intersection of
River Mountain Road and the Little Rock and Western Railroad;
all of which will be within public right-of-way.The waterline will
then turn east along an existing Central Arkansas Water
easement and terminate at the North Little Rock metering station.
The project is comprised of 42"ductile iron pipe with isolation
valves,air/vacuum release valves,and associated
appurtenances.Approximately 7,500 linear feet of 42'nd 150
linear feet of 30"waterline will be installed.
Central Arkansas Water notes that the estimated project cost will be $2.5 million.
The estimated time for construction commencement is September 1,2003
5.Staff Recommendation:
Staff recommends approval,subject to compliance with the Public Works and
Utility Comments.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Craig Johnson,of USI-Arkansas Consulting Engineers,was present.representing the
application.Staff briefly described the water main extension.
2
August 7 2003
ITEM NO..4 Cont.FILE NO.:G-40-22
Staff noted that the project needed to be coordinated with L.R.Wastewater Utility.
Mr.Johnson noted that Centerpoint Energy (Arkla)would also be involved in the
coordination.
There was a brief discussion relating to the purpose of the water main extension.
In response to a question from the Committee,Mr.Johnson noted that the water main
would be located in the street.Mr.Johnson noted that Central Arkansas Water would
work closely with the City's Traffic Engineering Department during the construction
After the discussion,the Committee forwarded the issue to the full Commission for
resolution.
PLANNING COIvIMISSION ACTION.(AUGUST 7,2003)
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 reconimended by staff.A motion to that effect was n~ade.The
motion passed by a vote of 11 ayes and 0 nays.The application was approved.
3
August 7,2003
ITEM NO.:5 FILE NO.:G-23-325
Name:Stonewall and Polk Streets—
Right-of-Way Abandonment
Location:Adjacent to 2022 N.Polk Street
Owner/A licant:Dr.Deane G.Baldwin/
Mike Hedrick
~Re uest:To abandon the south 15 feet of
the 80-foot wide Stonewall Street
right-of-way and the west 'l5 of
the 80-foot wide Polk Street right-
of-way,located adjacent to
2022 N.Polk Street.
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.None of the utilities request to
retain any portion of the area as easements.The Public Works
Comments are as follows:
1.Several north-south streets in the vicinity have platted right-of-way
widths less than 80'.Public Works would support the 15-foot
abandonment of right-of-way on Polk Street.
2.While the abandonment of 15'f right-of-way would not impact
operations,all homes in this neighborhood front on Stonewall Street,
and the street still has the original platted 80'ight-of-way width for the
length of the street.Staff does not believe it would be appropriate to
support the spot abandonment of right-of-way on this street.
B.Master Street Plan:
The Master Street Plan classifies Stonewall and Polk Streets as local
streets.Abandonment of portions of these rights-of-way will not adversely
affect the Master Street Plan,as they are not classified as collector streets
or hIgher.
August 7,2003
ITEM NO.:5 Cont.FILE NO.:G-23-325
C.Characteristics of Ri ht-of-Wa Terrain:
The portions of the streets proposed for abandonment are currently grass-
covered and utilized as yard space for the residence at 2022 N.Polk
Street.
D.Develo ment Potential:
After abandonment,the area of the right-of-way will become part of the
residential lot at the southwest corner of Stonewall and Polk Streets.The
purpose of the abandonment is to gain additional lot space so that a new
house can be constructed on the lot and conform to the Zoning Ordinance
setback requirements.
E.Nei hborhood and Land Use Effect:
The properties to the west,east (across Polk Street)and north (across
Stonewall Street)contain single family residences.There is a single
family residence located immediately south,with a mixture of office and
commercial uses further south along Kavanaugh Blvd.
F.Nei hborhood Position:
The Heights Neighborhood Association was notified of the abandonment
request.As of this writing,staff knows of no objectors to the
abandonment.All abutting property owners were also notified of the
proposed abandonment.
G.Effect on Public Services or Utilities:
Central Arkansas Water:No objection to abandonment.
L.R.Wastewater:No objection to abandonment.
Southwestern Bell:No objection to abandonment.
Entergy:No objection to abandonment.
Centerpoint Energy (Arkla):No objection to abandonment.Service line
to the facilities on the property cannot be built over.
H.Reversionar Ri hts:
All reversionary rights extend to the adjacent property owner.
Public Welfare and Safet Issues:
Abandoning the portions of these street rights-of-way will have no adverse
effects on the public welfare and safety.The Fire Department has no
objection to the abandonment.
2
August 7,2003
ITEM NO.:5 Cont.FILE NO.:G-23-325
STAFF NOTE.
Although staff supports the abandonment of the portion of Polk Street as
requested,staff does not support the Stonewall Street abandonment.Staff feels
that any abandonment of excess right-of-way for Stonewall Street should be
done as a neighborhood project,given the length of the street.and the fact that a
number of houses front on Stonewall Street and have about the same setback
from the existing right-of-way line.Staff would support a Board of Adjustment
variance to allow construction of a new house on this lot with the same 15 foot
setback from the north property line as the existing house,with all other setbacks
conforming to ordinance requirements.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed abandonment of a portion of Polk
Street right-of-way.
Staff recommends denial of the proposed abandonment for Stonewall Street.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Mike Hedrick was present representing the application.Staff briefly described
the proposed abandonment.
Mr.Hedrick provided a copy of a proposed site plan for a new house on the
property if the rights-of-way were to be abandoned.This was briefly discussed.
Mike Hood,of Public Works,reviewed the Public Works Comments with the
Committee.The proposed Stonewall Street abandonment was briefly discussed.
After the discussion,the Committee forwarded the issue to the full Commission
for resolution.
PLANNING COMMISSION ACTION:(AUGLIST 7,2003)
The applicant was present.There were no objectors present.Staff informed the
Commission that the applicant had deleted the Stonewall Street right-of-way
abandonment request.Staff noted that the applicant's only request would be to
abandon the Polk Street right-of-way.Staff stated that the applicant had worked
out a house foot print for the property that would be supported at the Board of
Adjustment level.Staff recommended approval of the proposed abandonment of
the Polk Street right-of-way.
3
August 7,2003
ITEM NO.:5 Cont.FILE NO.:G-23-325
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as amended by the applicant and recommended
by staff.A motion to that effect was made The motion passed by a vote of
11 ayes and 0 nays.The application was approved.
4
August 7,2003
ITEM NO.:6 FILE NO.:G-23-326
Name:East 16 Street —Right-of-Way Abandonment
Location:Between Blocks 9 and 16,Dodge Addition
Owner/Applicant:AFCO Steel/Kutak Rock LLP
Request:To abandon the 60-foot wide East 16 'treet right-of-way
between Lot 7,Block 9 and Lot 16,Block 16,Dodge
Addition.
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.Entergy requests that the area
be retained as a utility easement.The Public Works Department made no
comments regarding the proposed abandonment.
B.Master Street Plan:
The Master Street Plan classifies East 16 Street as a local road.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan,as it is not classified as a collector street or higher.
C.Characteristics of Ri ht-of-Wa Terrain:
This portion of East 16 'treet is undeveloped,and located in the middle
of AFCO Steel's outdoor storage area.AFCO Steel owns the property
along all sides of the right-of-way.
D.Develo ment Potential:
Once abandoned,the area of the right-of-way will continue to be utilized
as part of the grounds of the AFCO Steel manufacturing facility.
E.Nei hborhood and Land Use Effect:
There is a mixture of industrial uses within this area east of Geyer Street.
There are one and two family residents located west of Geyer Street and
single family homes south and east of the AFCO Steel facility.
Abandoning this portion of the East 16 'treet right-of-way will have no
adverse impact on the general area.
August 7,2003
ITEM NO.:6 Cont.FILE NO.:G-23-326
F.Nei hborhood Position:
The Hanger Hill Neighborhood Association was notified of the
abandonment request.As of this writing,staff knows of no objectors to
the abandonment.AFCO Steel is the only abutting property owner.
G.Effect on Public Services or Utilities:
Central Arkansas Water:No objection to abandonment.
Wastewater:No objection to abandonment.
Southwestern Bell:No objection to abandonment.
Entergy:No objection to abandonment.Retain area as a utility
easement.
Centerpoint Energy (Arkla):No objection to abandonment.
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.The Fire Department has no objection to the
abandonment.
STAFF RECOMMENDATION:
Staff recommends approval of the East 16 Street right-of-way abandonment,
subject to the area of abandonment being retained as a utility and drainage
easement.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Scott Schallhorn 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 for
resolution.
2
August 7.2003
ITEM NO..6 Cont.F I LE NO.:G-23-326
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
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 niade.The motion passed by a vote of 11 ayes and 0 nays.The
application was approved.
3
August 7,2003
ITEM NO.:7 FILE NO.:G-23-327
Name:Taylor Street and Alley Right-of-Way Abandonments
Location:Between West 28 and West 30 'treets
Owner/Applicant:University of Arkansas at Little Rock/Development
Consultants,Inc.
Request:To abandon a portion of the 40-foot wide Taylor Street right-
of-way between West 28 and West 30 Streets and the 20-
foot wide alley rights-of-way located in Blocks 1,2 and 6,
C.O.Brack Addition.
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 abandonments.All of the areas to be
abandoned are requested to be retained as utility easements.The Public
Works Department Comments are as follows:
1.An easement for existing drainage facilities will need to remain in place
until a new drainage plan is reviewed and approved for the site.
2.In conjunction with the right-of-way abandonment,Fair Park is
classified on the Master Street Plan as a minor arterial.A dedication
of right-of-way 35 feet from centerline will be required.
3.Master Street Plan classifies 28"Street as a collector street.Dedicate
right-of-way to 30 feet from centerline.
B.Master Street Plan:
The Master Street Plan classifies Taylor Street as a local street.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan,as it is not classified as a collector street or higher.
C.Characteristics of Ri ht-of-Wa Terrain:
Taylor Street between West 28 and West 30 Streets is a narrow paved
road with no curbs and gutter.The north-south alley rights-of-way located
August 7,2003
ITEM NO.:7 Cont.FILE NO.:G-23-327
within Blocks 1 and 6,C.O.Brack Addition are paved,with the east-west
alley within Block 1 and the north-south alley within Block 2 being
undeveloped.
D.Develo ment Potential:
Once abandoned,the areas of the right-of-way will be incorporated into
the adjacent properties for development of parking lot facilities for the
UALR campus.
E.Nei hborhood and Land Use Effect:
The UALR campus is located west and south of the proposed areas of
abandonment.The general areas to the north and east are occupied by
single family residences,with some public and institutional uses.
Abandoning the Taylor Street and alley rights-of-way will have no adverse
impact on the general area.
F.Nei hborhood Position:
The Curran-Conway Neighborhood Association was notified of the
abandonment request.With the exception of the residences at noi4heast
corner of Taylor and West 30 Streets and the northwest corner of Fair
Park Blvd.and West 30 Street,UALR is the only abutting property
owner.The owners of the two residences listed above were notified of the
public hearing.As of this writing,staff knows of no objections to the
abandonments.
G.Effect on Public Services or Utilities:
Central Arkansas Water:Central Arkansas Water has no objection to the
closure of these street and alley rights-of-way.We do,however,have
2-inch water mains in South Taylor Street and in West 29 'treet.
Therefore,we request that the portion of these closures which falls
within these rights-of-way be retained as utility easements.The main
in West 29 Street between Fair Park Blvd.and S.Taylor Street could
be abandoned if there is no service off of it.The other mains would
need to be retained in order to provide service to 5700 and 5701 West
29 Street.
L.R.Wastewater:
~North South alley in Block 2,C.O.Brack Addition to the City of
Little Rock —The Utility has an existing sewer main in this alley and
will require a ten foot easement (five feet either side of the existing
sewer main)be retained after the abandonment of the alley.
2
August 7,2003
ITEM NO.:7 Cont.FILE NO..G-23-327
~North South Alley in Block 6,C.O.Brack Addition to the City of
Little Rock —The Utility has an existing sewer main in this alley and
will require a ten foot easement (five feet either side of the existing
sewer main)be retained after the abandonment of the alley.
~Taylor Street between 28 and 29 'treets —The Utility has no
sewer mains located in this right-of-way and will require no
easement be retained after the abandonment of the street right-of-
way.
~Taylor Street between 29 'nd 30 'treets —The Utility has no
sewer mains located in this right-of-way and will require no
easement be retained after the abandonment of the street right-of-
way.
~North South Alley in Block 1,C.0.Brack Addition to the City of
Little Rock —The Utility has an existing sewer main in this alley and
will require a ten foot easement (five feet either side of the existing
sewer main)be retained after the abandonment of the alley.
~East West Alley in Block 1,C.O.Brack Addition to the City of Little
Rock —The Utility has no sewer mains located in this right-of-way
and will require no easement be retained after the abandonment of
the alley right-of-way.
Southwestern Bell:No objection to abandonment.Retain areas as utility
easements.
Entergy:No objection to abandonment.Retain area as a utility
easements.
Centerpoint Energy (Arkla):No objection to abandonments.Retain
easements for gas lines located within Taylor Street and the alley in
Block 2,C.O.Brack Addition.
H.Reversionar Ri hts:
All reversionary rights extend to the adjacent property owners.
Public Welfare and Safet Issues:
Abandoning these street and alley rights-of-way will have no adverse
affect on the public welfare and safety.The Fire Department has no
objection to the abandonment.
3
August 7.2003
ITEM NO.:7 Cont.FILE NO..G-23-327
STAFF RECOMMENDATION:
Staff recoi»i«ends approval of the Taylor Street and alley right-of-way
abandonments,subject to the following conditions:
1.The areas of abandonment must be retained as utility and drainage
easements.
2.Compliance with the Public Works Comments as noted in paragraph A.of
this report.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Robert Brown and Ann Kemp were present,representing the application.Staff
briefly described the proposed right-of-way abandonments.
Jina Lawson Director of Planning and Development.noted that he had been in
contact with UALR representatives.and that an overall master plan for the
school canapus would be done in the near future.
Robert Brown explained the ownerships which abutted the proposed right-of-way
abandonments He also described the existing buildings in the area
The Public Works Comn~ents were briefly discussed.Mr.Brown noted that the
required right-of-way for Fair Park Blvd.and West 28 'treet would be
dedicated.
Mr.Brown noted that theie were only two (2)abutting property owners other than
UALR.He stated that these two (2)owners had been notified of the
abandonnient request,but had not responded.
After the discussion,the Committee forwarded the issue to the full Coi«niission
for resolution
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
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 Chairnaan placed the item before the Conanaission for inclusion within the
Consent Agenda for approval as recommended by staff.A naotion to that effect
was made.The motion passed by a vote of 11 ayes and 0 nays.The
application was approved.
4
August 7,2003
ITEM NO.:8 FILE NO.:G-23-328
Name Greathouse Bend Drive—
Right-of-Way Abandonment
Location:South of Overlook Drive
Owner/A licant:Various Owners/McGetrick and
McGetrick
~Re eeet:To abandon the 50-foot wide
Greathouse Bend Drive right-of-
way within Phase I,Greathouse
Bend Addition,for use as a
private street.
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.With the exception of Entergy,
all of the utilities require that the area be retained as an easement.The
Public Works Department Comments are as follows:
1.This portion of Greathouse Bend is the only portion accepted for City
maintenance.The remainder of Greathouse Bend is a private drive.
Abandonment of this right-of-way would not impact Public Works
operations.
2.Any future gates would have to meet Traffic Engineering requirements
regarding width,turn-out area and configuration.Contact Bill Henry at
379-1 81 6.
B.Master Street Plan:
The Master Street Plan classifies Geathouse Bend Drive as a local street.
Abandonment of this right-of-way will not adversely affect the Master
Street Plan,as is not classified as a collector street or higher
C.Characteristics of Ri ht-of-Wa Terrain:
Greathouse Bend Drive is a paved street with curb and gutter.The street
serves phases 1 and 2 of the Greathouse Bend residential subdivision.
August 7,2003
ITEM NO.:8 Cont.FILE NO.:G-23-328
D.Develo ment Potential:
Once abandoned,the street will serve as a private street access to the
Greathouse Bend Subdivision (phases 1 and 2).A gated entrance will be
constructed for controlled access.
E.Nei hborhood and Land Use Effect:
The street right-of-way is located in an area of single family residential
zoning.Rebsamen Park Road and Murry Park are located to the north.
Abandoning the Greathouse Bend Drive right-of-way will have no adverse
impact on the general area.
F.Nei hborhood Position:
The Overlook and Heights Neighborhood Association were notified of the
abandonment request.As of this writing,staff knows of no objectors to
the abandonment.All abutting property owners were also notified of the
public hearing.
G.Effect on Public Services or Utilities:
Central Arkansas Water:No objection to abandonment.Execution of a
private fire hydrant contract is required.Right-of-way must be
maintained as an access and utility easement.
L.R.Wastewater:No objection to abandonment.Retain as utility
easement.
Southwestern Bell:No objection to abandonment.Retain as utility
easement.
Entergy:No objection to abandonment.
Centerpoint Energy (Arkla):No objection to abandonment.Retain as
utility easement.
H.Reversionar Ri hts:
All reversionary rights extend to the adjacent property owners.
Public Welfare and Safet Issues:
Abandoning this street right-of-way will have no adverse effects on the
public welfare and safety.The Fire Department has no objection to the
abandonment.Construction of gates must be approved by the Fire
Department.
2
August 7.2003
ITEM NO.8 Cont.FILE NO..G-23-328
STAFF RECOMMENDATION:
Staff recommends approval of the Greathouse Bend Drive right-of-way
abandonment,subject to the following conditions:
1.Compliance with the Public Works requirements as noted in paragraph A.of
this report
2.Compliance with the utility and fire department comments as noted in
paragraphs G.and I.of this report.
3.The area of abandonment must be retained as a utility and drainage
easement.
4.The area of abandonment must also be retained as an access easement,
serving phase 2 of the Greathouse Bend Subdivision.
5 A revised Bill of Assurance must be recorded,providing for the access
easement and addressing the private maintenance of the roadway
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Pat McGetrick was present representing the application.Staff briefly descnbed
the proposed abandonment.
Mr.McGetrick briefly addressed the abandonment issue.In response to a
question from staff,Mr.McGetrick noted that the road would be gated after
abandonment.Mr.McGetrick also noted that the property owners'ssociation
for phase 2 of the subdivision maintains the private roadway within that phase.
He noted that there would be a similar maintenance agreement worked out for
phase 1.
Commissionei Rector noted that property owners within phase 2,Greathouse
Bend Drive subdivision should be notified of the abandonment request,and be
included in the naaintenance of the private street.This issue was briefly
discussed.
After the discussion,the Committee forwarded the issue to the full Commission
for resolution.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
Staff informed the Commission that the application needed to be deferred,as the
applicant had not submitted all of the required paperwork to staff.Staff
recommended deferral to the September 18,2003 agenda.
3
August 7,2003
ITEM NO.:8 Cont.FILE NO.:G-23-328
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 18,2003 agenda.A motion to
that effect was made.The motion passed by a vote of 11 ayes and 0 nays.The
application was deferred.
August 7,2003
ITEM NO.:9 FILE NO.:G-23-329
Name:Alley —Right-of-Way Abandonment —Block 13,
Original City of Little Rock
Location:Block bounded by Main,Scott and East 13 Streets and
Interstate 630.
Applicants:Mike McKinnis and Glenn Petkovsek
Request:To abandon the 20-foot wide alley right-of-way within
Block 13,Original City of Little Rock.
STAF F RE VI EW:
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.Wastewater,Southwestern
Bell and Entergy request that the area of abandonment be retained as a
utility easement.The Public Works Department notes that there are
apparently no public drainage facilities in the alley.
B.Master Street Plan:
Abandonment of this alley right-of-way will not adversely effect the Master
Street Plan,as it is not classified as a collector street or higher.
C.Characteristics of Ri ht-of-Wa Terrain:
The alley right-of-way was previously paved,however it is currently not
usable based on the construction taking place within the east half of the
block.
D.Develo ment Potential:
Once abandoned,the area of alley right-of-way will become a private
service drive for the single developments on either side of it.
E.Nei hborhood and Land Use Effect:
The general area contains a mixture of office,commercial and residential
uses.There is an office/warehouse building located within the west half of
Block 13,Original City.An office/TV studio building is currently under
construction within the east half of the block.Abandoning the alley right-
of-way will have no adverse impact on the general area.
August 7,2003
ITEM NO.:9 Cont.FILE NO.:G-23-329
F.Nei hborhood Position:
The East of Broadway and MacArthur Park Neighborhood Associations
were notified of the abandonment request.As of this writing,staff knows
of no objectors to the abandonment.
G.Effect on Public Services or Utilities.
Central Arkansas Water:No objection to abandonment.
Wastewater:No objection to abandonment.Retain area as utility
easement.
Southwestern Bell:No objection to abandonment.Retain area as utility
easement.
Entergy:No objection to abandonment.Retain area as a utility
easement.
Centerpoint Energy (Arkla):No objection to abandonment.
H.Reversionar Ri hts:
All reversionary rights extend to the adjacent property owners.
Public Welfare and Safet Issues:
Abandoning this alley right-of-way will have no adverse affect on the
public welfare and safety.The Fire Department has no objection to the
abandonment.
STAFF RECOMMENDATION:
Staff recommends approval of the alley right-of-way abandonment,subject to the
area of abandonment being retained as a utility and drainage easement.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Pat McGetrick was present,representing the application.Staff presented the
item and noted there were no outstanding issues.After a brief discussion,the
Committee forwarded the item to the full Commission for resolution.
2
August 7,2003
ITEM NO.9 Cont.FILE NO.:G-23-329
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
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 11 ayes and 0 nays.The
application was approved.
3
August 7,2003
ITEM NO.:10 F I L E NO.:Z-4973-D
NAME:PCD Revocation and Splash Car Wash —Conditional
Use Permit
LOCATION:3021 Cantrell Road
OWNER/APPLICANT:Mike Ibsen/Joe D.White,Jr.
PROPOSAL:The applicant is requesting revocation of a previously
approved and revised PCD,restoring the zoning to
C-3,and of a conditional use permit to allow a two-
bay automatic car wash and a "sno-shack"(snow
cone stand).
1.SITE LOCATION:
The site is located on the south side of Cantrell Road,at its intersection
with Rebsamen Park Road.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located on a principal arterial street and is located in an area
that has several commercial and office zoned uses.Due to the location of
residential properties immediately to the west and nearby to the south,
there is some sensitivity to the site.There is a concern that the level of
noise generated by the vacuums and the dryer-blower could negatively
impact these residential properties.However,Staff believes that
measures could be taken;such as reorientation of the car wash building,
relocating the vacuums,screening and low-level,directed lighting could
help to make the proposed car wash 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 Hillcrest,Cedar Hill and
Edgerstoune Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The applicant proposes to continue to utilize the two existing driveways
onto Cantrell Road.Eight parking spaces are provided on either side of
the proposed "sno shack".Parking is also located on either side of each
of the 3 vacuum islands.The on-site parking is sufficient for the proposed
use.Staff is not supportive of the site retaining two curb-cuts.The
western driveway should be closed and access limited to the shared
driveway on the eastern perimeter.
August 7,2003
ITEM NO.:10 Cont.FILE NO.:Z-4973-D
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Buffer Ordinances is required.
The on-site street landscape buffer proposed along Cantrell Road falls
below the nine (9)foot full width requirement of both the zoning and
landscape ordinances.Because this site is located within the designated
mature area,a minimum width of six (6)feet nine (9)inches is allowed.
The proposed width of the street landscape buffer is five (5)feet.
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 western side of the property.
5.PUBLIC WORKS COMMENTS:
1.The proposed right-of-way dedication will be acceptable provided a
minimum 45'idth is maintained.
2.Street improvements are to be made as shown on the plan.
3.Street improvement plans shall include signage and striping.Traffic
Engineering must approve completed plans and issue permits prior to
construction.Permits must also be obtained from AHTD,District 6.
4.Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210.As now
platted,the lots must share a single driveway access centered on the
common driveway access.The width of driveway must not exceed 36
feet.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:Approved as submitted.
Water:The existing 1-inch water meter that serves this property is the
largest size available off the existing water main.A water main
extension will be required if additional fire protection is required.
2
August 7,2003
ITEM NO.:10 Cont.FILE NO.:Z-4973-D
Installation of an RPZ backflow preventer prior to the first outlet will be
required.
Fire Department:Approved as submitted.
Count Plannin:No Comments.
CATA:No comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Joe White was present,representing the application.Staff presented the item
and noted that additional information was needed on the proposed "snack
shack",signage,site lighting,fencing and number of employees.Staff
recommended that the vacuum islands be located nearer the Cantrell Road
perimeter (away from adjacent residential properties)and that the car wash
building be 'flipped"so that entrance would be from the rear and exit towards
Cantrell Road.Staff commented that the orientation of the building,as
submitted,resulted in insufficient stacking space and the car wash blower being
on the end of the building facing the residential properties.Staff noted that the
letter requesting revocation of the PCD and the Bill of Assurance had not been
submitted.
Public Works and Landscape Comments were noted.There was discussion of
the need to eliminate or redesign one of the existing curb cuts.The applicant
was advised to meet with staff and to provide responses no later than July 23,
2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The PCD zoned,.86 acre lot located at 3021 Cantrell Road is currently occupied
by Ibsen impoits,an automobile sales business.On September 12,1990,the
property was rezoned from "C-3"General Commercial to PCD to allow use of the
site for Red River Marine and C-3 uses.On June 7,1994,the PCD was revised
to allow Ibsen Imports and C-3 uses.On September 19,2002,the Planning
Commission recommended approval of a revision to the PCD to allow
redevelopment of the site for a small,strip-commercial center.That request was
never forwarded to the Board of Directors.The applicant is now requesting that
the previously approved PCD and revision be revoked,the property returned to
C-3 and approval of a conditional use permit to allow redevelopment of the site
for a two-bay automatic car wash facility.Associated with the car wash are 3
3
August 7,2003
ITEM NO.:10 Cont.FILE NO.:Z-4973-D
vacuum islands located near the front (Cantrell Road)perimeter of the site.The
applicant is also proposing placement of a "sno shack"(snow cone stand)and
patio on the site.There is no bill of assurance issue.
The proposed car wash building is 22'-3"in height and is to be constructed of
concrete block and glazed block with an EIFS and simulated stone veneer.The
roof system is wood truss;7/12 pitch with OSB decking and simulating slate
shingles.No specifics were submitted on the proposed "sno shack".Hours of
operation for the car wash are proposed as 24 hours a day,7 days a week.The
"sno shack"is to operate 7 days a week from 7:00 a.m.—10:00 p.m.The "sno-
shack"will have a patio with outdoor seating for 8 persons.A single,ground-
mounted sign is proposed for the site,not to exceed the allowable height and
area for commercial districts (36 feet in height and 160 square feet in area).The
car wash building will have the "Splash"neon wall sign mounted on the north
facade,facing Cantrell Road.No signage details were submitted for the "sno
shack".Each of the 3 vacuum islands will have a 10'2.5'inyl canopy
covering the vacuum equipment.No signage was proposed for the vacuum
canopies.The car wash will have one,part-time employee on site 2 hours each
day Sunday through Thursday and 6 hours each Friday and Saturday.The 'sno
shack"is proposed to have two employees.Landscaping will be installed to
meet city code and a 6-foot,opaque wood fence will be installed on the western
perimeter of the parking lot.The fence and 63.5 feet of buffer and easement will
provide good separation for the single family homes located to the west.The
C-3 zoned former Steak and Ale site wraps around the south and east perimeter
of the site,providing adequate separation for the single family properties on the
bluff to the south.Site lighting will be directional,aimed away from adjacent
properties and the site will be illuminated all night.
While Staff is generally supportive of the applicant's proposal to develop the site
for an automatic car wash,there are aspects of the development that staff does
not support.The applicant is proposing to maintain the two existing curb cuts as
full access points with entrance and left and right turn exit.Allowing two
driveways does not comply with city code and one of the driveways,preferably
the western drive,should be eliminated.
Staff does not support allowing the proposed "sno shack".The City has a policy
for placement of snow cone stands and other temporary commercial structures
that this proposed "sno shack"does not comply with.Current policy allows such
structures only on sites at least 1 acre in size with no fewer than 50 parking
spaces.This site is 0.86 acres in size and has only 8 parking spaces.Policy
limits the use of such structures to a maximum of 6 months.No such limit is
proposed.Policy limits the total square footage of such structures to 100 square
feet,including patio or awning covered areas.The proposed "sno shack"is 180
square feet in area with an additional 180 square feet of patio area.
4
August 7,2003
ITEM NO.:10 Cont.FILE NO..Z-4973-D
On July 23,2003,the applicant submitted a revised site plan and responses to
most issues raised at Subdivision Committee;other than for the driveway and
'sno shack"issues discussed above.The car wash building has been 'flipped"
so that entrance to the structure is from the south and exit is to the north,facing
Cantrell Road.The vacuum islands have been moved to the Cantrell Road
perimeter,away from any residential properties.Other details were provided as
noted in the staff analysis.Landscape areas were increased in width to comply
with code and the western perimeter screening fence was added.Staff believes
the proposed car wash facility could be an appropriate use for the site.
STAFF RECOMMENDATION:
Staff recommends denial of the application as filed.
Staff recommends approval of the request to revoke the PCD and of the C.U.P
to allow the two-bay,automatic car wash facility and vacuum islands only subject
to compliance with the following conditions:
1.Compliance with staff comments and conditions outlined in Sections 4,5 and
6 of the staff report.
2.The proposed 'sno shack's to be eliminated.
3.Compliance with the approved site plan.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
The applicant was present.There were no objectors present.Staff informed the
Commission that the applicant had amended the application to remove the "sno
shack"from the site plan.Staff also noted that the applicant had worked out the
driveway issue with Public Works and the hours of operation with the residential
neighbors to the south.Therefore,staff recommended approval of the
Conditional Use Permit,subject to the following conditions:
1.Compliance with staff comments and conditions outlined in Sections 4,5 and
6 of the staff report.
2.The proposed "sno shack"being eliminated from the site plan.
3.Compliance with the approved site plan.
4.Operating hours of the car wash and vacuums is to be 6:00 a m.—10:00 p.m.,
7 days a week.
5
August 7,2003
ITEM NO.:10 Cont.FILE NO.:Z-4973-D
5.The westernmost driveway is to have a maximum width of 20 feet and be an
entrance only drive with "entrance only"signage provided.
The applicant offered no additional comments.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for approval as amended by the applicant and recommended
by staff.A motion to that effect was made.The motion passed by a vote of
10 ayes and 1 nay The application was approved.
6
August 7,2003
ITEM NO.:11 FILE NO..Z-5427-A
NAME:J.D.Leasing Parking Lot —Conditional Use Permit
LOCATION:SE corner of Kanis Road and Cherry Brook Drive
OWNER/APPLICANT:J.D.Leasing,Inc./Mark Rickett,PE
PROPOSAL.A conditional use permit is requested to allow for the
two-phased development of this 0-3 zoned lot
Phase I is a 21-space parking lot to serve the
adjacent,PCD zoned office/showroom/warehouse
use.A conditional use permit is required for the
parking lot.Phase II is an office building and
additional parking which are allowed by-right on the
0-3 zoned lot.
1.SITE LOCATION:
The lot is located at the southeast corner of Kanis Road and Cherry Brook
Drive.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is zoned 0-3 which allows,by-right,the development of the
site with an office building and associated parking lot.Allowing the
construction of a small parking lot,prior to construction of the office
building and the remainder of the parking,should not affect the site's
compatibility with the neighborhood.Attention must be given to proper
screening and landscaping the southern perimeter of the site,where it is
adjacent to residentially zoned property.An office building is located on
the 0-3 zoned property to the west.The applicant's business,Global
Docugraphix,is located on the PCD zoned site to the east.The
properties across Kanis Road are undeveloped.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the Gibralter Heights —Point
West —Timber Ridge Neighborhood Association was notified of this
request.
3.ON SITE DRIVES AND PARKING:
Phase I consists of a 21-space,paved and landscaped parking lot taking
access,via a single driveway,off of Cherry Brook Drive.At the time the
office building is constructed (Phase II)an additional 40 parking spaces
will be built.No additional curb cuts are proposed.
August 7,2003
ITEM NO.:11 Cont.FILE NO..Z-5427-A
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Buffer Ordinances is required
The plan submitted does not allow for building landscaping between the
public parking areas and the building.There is considerable flexibility with
this requirement.Additionally,a portion of the proposed landscape strip
width along the eastern perimeter falls below the six (6)foot nine (9)inch
minimum allowed by the landscape ordinance.
5.P U B LI C WORKS COMMENTS:
1 Right-of-way widths and boundary street improvements are in place
and are acceptable.
2.Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3.Storm water detention ordinance applies to this property.
4.Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210.Only a single
driveway access would be allowed on Cherry Brook Drive.Maximum
driveway width is 36 feet.The southern-most driveway location will be
acceptable.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:No Comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.A Capital Investment Charge
based on the size of the connection(s)may apply to this project in
addition to normal charges.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
2
August 7,2003
ITEM NO.:11 Cont.FILE NO.:Z-5427-A
Arkansas Water.That work would be done at the expense of the
developer.This development will have minor impact on existing water
distribution system.
Fire Department:Approved as submitted.
Count Plannin:No Comments.
CATA:No Comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Mark Rickett was present representing the application.Staff presented the item
and noted additional information was needed regarding signage,lighting,
fencing,the treatment of the north edge of the Phase I parking lot and access
from the Phase I parking lot to the property adjacent to the east.Staff asked that
the applicant confirm that the remainder of the site will remain undisturbed until
Phase II construction begins.The applicant provided a copy of the bill of
assurance showing that this tract was approved for office uses.
Landscape and Public Works Comments were presented.Staff noted that the
site was permitted only one driveway onto Cherry Brook and the driveway could
either be in the center of the tract or at the point where the southern driveway
was shown.The applicant responded that he would make the change.The
applicant was advised to respond to staff issues by July 23,2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The 0-3 zoned lot located at the southeast corner of Kanis Road and Cherry
Brook Drive is currently undeveloped and wooded.The lot is owned by the
owner of the business on the PCD zoned lot adjacent to the east.The PCD
zoned lot is occupied by Global Docugraphix (formerly Bank N Business
Systems)a documents company.The applicant proposes the two-phased
development of the lot with a 21-space parking lot being Phase I and an office
building and additional parking being Phase II.An office building and its
associated parking would be permitted by-right on this 0-3 zoned lot.Since the
applicant is proposing to construct the 21-space parking lot,to provide additional
parking for the employees of the adjacent Global Docugraphix business,a
conditional use permit is required.The applicant did submit a copy of the bill of
assurance for the lot which specifies that it is to be used for "office purposes"
unless (otherwise)approved by the City of Little Rock.
3
August 7,2003
ITEM NO.:11 Cont.FILE NO..Z-5427-A
The proposed parking lot is located on the southern portion of the lot and is
accessed via a single driveway off of Cherry Brook Drive.The parking lot will be
landscaped and screened to comply with code.A sidewalk will provide access
from the parking lot to the adjacent Global Docugraphix property.The remainder
of the site will remain undisturbed until Phase II construction has been permitted.
No lighting or signage is proposed for the Phase I park ng lot.
On July 23,2003,the applicant submitted a revised site plan and responses to
issues discussed at Subdivision Committee.One of the two driveways has been
removed and perimeter landscaping area has been increased.Building
landscaping will be detailed and provided when a permit is requested for the
Phase II building and parking.To staff's knowledge,there are no outstanding
issues.Witli proper screening and landscaping,the proposed use should be
compatible with uses and zoning in the area.
STAFF RECOMMENDATION.
Staff recommends approval of the requested conditional use permit to allow the
21-space parking lot subject to compliance with the staff comments and
conditions outlined in Sections 4,5 and 6 of the staff report
If,at some point,site lighting is added,it must be shielded downward and aimed
inward to the s te.Any signage must comply with the standards for the 0-3
d I sti I ct.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
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 Chairn~an 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 1'I ayes and 0 nays The
application was approved.
4
August 7,2003
ITEM NO.:12 FILE NO.:Z-5781-A
NAME:St.James United Methodist Church Family Life
Center —Conditional Use Permit
LOCATION:300 Pleasant Valley Drive
OWNER/APPLICANT:St.James United Methodist Church/White-Daters and
Associates,RPPY Architects
PROPOSAL:A conditional use permit is requested to allow for
construction of a multi-use facility (Family Life Center)
on this vacant,R-2 zoned,3.86 acre tract.The facility
will be used for church activities as well as being
available for use by Fulbright Elementary School.
1 SITE LOCATION:
The property is located on the north side of Pleasant Valley Drive,
between the Jack Wilson Water Treatment Plant and Fulbright
Elementary School;across the street from St.James United Methodist
Church.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an institutional node adjacent to and directly
west of I-430.The large,R-2 zoned tract to the east and north is
occupied by the Jack Wilson Water Treatment Plant.Fulbright
Elementary School,a partner in this project,occupies the R-2 zoned
property to the west.St.James Church is located across Pleasant Valley
Drive,to the south.A small office park is located beyond I-430.The
remainder of the surrounding neighborhood is residential in use and
zoning;both single family and multifamily.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 Pleasant Valley
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
The facility contains 301 fixed seats in a bleacher pattern on one side of
the basketball court/fellowship hall,5 seats in a small chapel and 72 seats
in a larger chapel.These 376 'fixed"seats would require 94 on-site
August 7,2003
ITEM NO.:12 Cont.FILE NO.:Z-5781-A
parking spaces at 1 space for every 4 seats.The basketball
court/fellowship hall area can be configured to accommodate 550 at
tables or 850 for programs or worship services.
Parking will exceed CLR parking requirements in this manner:850 seats
plus 796 across street is 1,646 divided by 4 =412 spaces required.(This
is assuming worship services are in progress sirrlultaneously at both
sites.)
The new site will have 88 parking spaces and there are 428 existing
spaces on the present site for a total of 516 church owned spaces.The
church recently participated in the construction of 54 parking spaces at
the adjacent Water Works Pleasant Valley Drive Entrance and 79 at the
adjacent Fulbright School.These 133 plus 57 other spaces at Fulbright
provide 190 spaces for weekend use by agreements.Using all spaces
(706)and 1,646 persons,the parking ratio will be one space per 2.33
seats.
4.SCREENING AND BUFFERS:
Compliance with the City's Landscape and Buffer Ordinances is required.
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,eastern and western perimeters of the site.Credit toward
fulfilling this requirement can be given for existing wooden areas that fulfill
this year-around screening requirement.A minirrlum of seventy (70)
percent of the required land use buffer areas along the northern,eastern
and western site perimeters are required to be property preserved.
Curb and gutter or another approved border will be required to protect
landscaped areas from vehicular traffic.
Landscaped areas are required to be irrigated.
Prior to obtaining a construction permit,it will be necessary to provide
approved landscape plans stamped with the seal of a Registered
Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this tree-covered site.Extra credit toward fulfilling
2
August 7,2003
ITEM NO.:12 Cont.FILE NO.:Z-5781-A
landscape ordinance requirements can be given when properly preserving
trees of six (6)inch caliper or larger.
5.PUBLIC WORKS COMMENTS:
1.Existing right-of-way and street widths meet master street plan
requirements at this location.
2.Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
3.Install sidewalk ramps to the current ADA standards at all locations
including the proposed pedestrian cross walk.
4.Appropriate signage,striping,and motorist warnings will be required
for the pedestrian crossing.Contact Bill Henry,Traffic Engineering at
379-1 816.
5.A grading permit in accordance with section 29-186(c)and (d)will be
required prior to any land clearing or grading activities at the site.Site
grading,and drainage plans will need to be submitted and approved
prior to the start of construction.
6.Storm water detention ordinance applies to this property as indicated
on the plans.
7.Prepare a letter of pending development addressing street lights as
required by Section 31-403 of the Little Rock code.Contact Traffic
Engineering at (501)379-1813 (Steve Philpott)for more information
regarding street light requirements.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS.
Wastewater:Service available,not adversely affected
Entergy:Approved as submitted.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:No Comments received.
Water:All Central Arkansas Water requirements in effect at the time of
request for water service must be met.A Capital Investment Charge
based on the size of the meter connection(s)will apply to this project in
addition to normal charges.This fee will apply to all meter connections
3
August 7,2003
ITEM NO.:12 Cont.FILE NO..Z-5781-A
including any metered connections off a private fire system.The Little
Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private hydrants(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
be done at the expense of the developer.This development will have
minor impact on existing water distribution system.Proposed water
facilities will be sized to provide adequate pressure and fire protection.
Fire Department:Approved as submitted.
Count Plannin;No Comments.
CATA:No Comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Joe White and Fred Perkins were present representing the application.Staff
presented the item and noted additional information was needed regarding
building design and height,signage,site lighting,fencing,the proposed 70-foot
tall tower and the design and use of the boy scout building and pavilion.Staff
noted that no bill of assurance had been submitted.Staff asked that the
applicant confirm the treatment of the areas along the street frontage and west of
the building indicated as "undisturbed"areas.Staff noted that 'undisturbed"
implied no development was to take place in those areas and no trees or
undergrowth were to be removed.The applicant responded that more details
would be provided.Mr.Perkins noted that the proposed building would also be
used by the school and it did not seem appropriate to have an undisturbed buffer
between the building and the school.Staff responded that the site plan
submitted by the applicant indicated the "undisturbed"area.
Public Works and Landscape Comments were discussed.The applicant noted
that a waiver of the requirement to install screening on the west and east
perimeters would be requested since the property to the east was occupied by
the water treatment plant and the school was located to the west.
Staff noted that numerous telephone calls had been received about this issue.
The applicant was advised to meet with area property owners and residents.
The applicant was advised to respond to staff issues by July 23,2003.The
Committee determined there were no other issues and forwarded the item to the
full Commission.
4
August 7,2003
ITEM NO.:12 Cont.FILE NO.:Z-5781-A
STAFF ANALYSIS:
Pleasant Valley United Methodist Church proposes to construct a multi-use
facility (Family Life Center)on the vacant,3.86 acre tract located on the north
side of Pleasant Valley Drive across from the existing church site.The building
will be used for church functions as well as being available for use by the
adjacent Fulbright Elementary School.Paved pathways will connect the school
and church site.The two-story building will contain a full size basketball
court/fellowship hall,stage,spectator seating area,kitchen facilities,a small
24-hour/7-day prayer chapel (for up to 7 seats)and other support facilities on the
ground floor.A second floor (not above the playing court/fellowship hall)will
house a 72 seat chapel;10-12 Sunday School classrooms,a computer distance-
learning facility and a walking track around the court.The facility will be used on
a daily basis from approximately 7:00 a.rn.to 11:00 p.m.with an occasional all
night use by youth groups.The main church facility across the street has one
Saturday evening,four Sunday a.m.and Wednesday a.m.and p.m.services.
One or more of these services will be moved to the new facility.The facility will
also be used for church league sports;exercise programs;children,youth,adult
and elderly programs;counseling;church fellowship dinners and Sunday School.
The church is working with the Little Rock School District to make the facility
available for use by Fulbright students;including the playing court,an assembly
area for school programs and parent-teacher meetings and use of the distance
learning facility.
The building will be designed in a style that is cornplernentary of the existing
church facility.The exterior building materials will be brick and cast stone.The
building will have a shingled mansard roof.The overall building height is 43 feet
from ground floor to top of exterior caps.This slightly exceeds the allowable
height in 'R-2"of 35 feet.The tower on the west end of the building will have an
overall height of 86 feet,including the steeple and a cross.This also exceeds
the allowable height of 35 feet.Steeples are permitted to extend up to 70 feet
(twice the allowable building height).
An 88 space parking lot will be constructed on the site,taking access off of
Pleasant Valley Drive via a single driveway.While the 88 spaces do not meet
the on-site parking space requirement,the church owns or has right of usage of
706 parking spaces;which exceeds the parking requirement for the existing
church and this facility combined.See the staff "drive and parking"analysis for
further information.
A wall mounted sign will be placed on the south wall of the building and a 64
square foot ground-mounted sign is proposed for placement on the front of the
property,near the driveway.While no sign height has been submitted,staff
5
August 7,2003
ITEM NO.:12 Cont.FILE NO.:Z-5781-A
would recommend that the structure be designed in a monument style not to
exceed 6 feet in height.
The plan also includes a 1,200 square foot,Boy Scout building to be located
behind the facility and a 568 square foot pavilion to be located near the front of
the site,between the facility and the school.The scout building will have a rustic
residential appearance and be used for troop meetings and storage with
occasional use by church youth groups.The pavilion can be used (by
scheduling)by Fulbright School groups,Pleasant Valley Property Owners
groups,church groups or as a rest stop for neighborhood walkers/bikers.The
pavilion will be open air with roof (no utilities except power and light)with a
ch a rcoa I g rill.
Depending on funding,the chapel tower,Scout building,covered drop-off and
pavilion may be constructed as later phases.
Site lighting will be placed around the site on 30 foot tall poles.Lighting will be
shielded and directed downward.Fencing will only occur in two areas.A 6 foot
wrought iron fence will enclose the terrace area (below the chapel)and a 6 foot
chain-link fence will be installed on the north side of the building to secure the
Scout building area.
The 'undisturbed"area along P.V.Drive has been changed to 30 ft.from 40 ft.
The parking lot will remain at 40 ft.The church's description of "undisturbed"is
as follows:All healthy trees (mature and young)will remain except for the
installation of the entrance drive,sign,utilities,walks (existing and proposed)and
an irrigation system.Undesirable underbrush will be removed and replaced and
supplemented with ornamental and indigenous shrubs.The area designated
"undisturbed natural area"between the building and the school has been
changed to "natural area with trees"to remain.This area may contain a nature
trail and be used by the Fulbright School for a nature study area or outdoor
classroom.
Landscaping requirements will be met oi exceeded upon application of a building
permit.The church asks for a variance of a required 6 ft.high opaque screen on
the northern,eastern,and western boundaries for the following reasons:
a.Central Arkansas Water has agreed that no opaque screen is needed on the
eastern and north property line.
b.The school does not want a screen or separation of the two properties since
by agreement (St.James purchased their property from the School District)
the school has use of the wooded and open space on the church property
6
August 7.2003
ITEM NO..12 Cont.FILE NO Z-5781-A
The current open space playground overlaps the church property.(See tree
line on site plan.)
c St.James has helped fund the recent parking expansions at Fulbright and
Central Arkansas Water and has use of these parking areas as initially
described
The 3.86 acre tract is part of a two-lot subdivision that also includes the Fulbright
Elementary site.This tract was purchased from the school district by the church.
There is no bill of assurance prohibition against the proposed use.
To staff's knowledge,there are no outstanding issues.The site is located within
an institutional node that includes St.Janaes Church,Fulbright School and the
water treatment plant.A well landscaped street buffer area will enhance the
view of the site froid Pleasant Valley Drive Staff supports the concept of shared
use of the facility and grounds by the church and the school.
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 with variances as noted.
2.All site lighting is to be shielded downward and into the site.
3.Compliance with the approved site plan.
4.Signage is to be limited to a wall sign on the south side of the building and a
single ground-mounted sign to be designed in a naonument style not to
exceed 64 square feet in area and 6 feet in height.
Staff recommends approval of variances to allow reduced on-site parking,
increased building height,increased tower height and a waiver of the screening
requirement on the east,north and west perinieters;all as described in the staff
analysis above.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
7
August 7 2003
ITEM NO..12 Cont.F I I E NO..Z-5781-A
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 11 ayes and 0 nays.The
application was approved.
8
August 7,2003
ITEM NO.:13 FILE NO.Z-6599-B
NAME.Splash Car Wash —Conditional Use Permit
LOCATION'E corner of Stagecoach Road and Otter Creek Road
OWNER/APPLICANT:Gene Cauley c/o Dickson Flake Partners/
Joe D.White,Jr.
PROPOSAL A conditional use permit is requested to allow
construction of a car wash on this C-3 zoned lot.
STAFF REPORT;
On July 17.2003,the applicant infornied staff and the Subdivision Committee
that the proposed car wash was going to be located on another lot within the
commercial subdivision.The item will be deferred to the September 18,2003
agenda.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
Staff informed the Commission that the applicant requested the application be
deferred to the September 18,2003 Planning Commission agenda.Staff
supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 18,2003 agenda.A motion to
that effect was made.The motion passed by a vote of 11 ayes and 0 nays.The
item was deferred
August 7,2003
ITEM NO.:14 FILE NO.:Z-5868-A
NAME:Archild Day Care —Conditional Use Permit
LOCATION:West 10'treet,between Harrison Street and Fair
Park Blvd.
OWNER/APPLICANT:Archild,Inc./Joe D.White,Jr.
PROPOSAL:A conditional use permit is requested to allow for
continued use of these R-3,R-4,and 0-3 zoned
properties for a day care and to allow for construction
of a new building.
1.SITE LOCATION:
The site encompasses the entire block bounded by Maryland Avenue,
West 10 Street,Harrison Street and Tyler Street as well as the north half
of the two blocks between Harrison Street and Fair Park Blvd.,south of
West 10 Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
Archild has operated in this area,in some of the buildings,since 1971.
Uses in the area range from single family residences to a hotel and
convenience store.The residential properties are located on R-3 zoned
properties to the south and east and on 0-3 zoned properties to the north.
The applicant's plan includes primarily the continued use of the buildings
as they currently exist.The proposed new building is sited behind the
LaQuinta Hotel,in an area that should have a reduced effect on the
neighborhood.Allowing the use,as proposed,should not affect the day
care's compatibility with the neighborhood.
All owners of property located within 200 feet of the site,all residents
within 300 feet who could be identified and the War Memorial,Oak Forest
and Forest Hills Neighborhood Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The day care operates out of a series of buildings located along West 10
'treetandFairParkBlvd.Each property has 1 to 2 parking spaces in a
typical residential configuration.Ten angled spaces are located on the
north side of 10 Street and 10 spaces are located in the undeveloped
Tyler Street right-of-way south of 10 'treet.While the parking/drop-off
situation is certainly nowhere near compliant with code,the applicant is
not requesting any change in use of these properties or an increase in
August 7,2003
ITEM NO.:14 Cont.FILE NO.:Z-5868-A
enrollment.When the new building is constructed,at some point in the
future,a properly designed 14 space parking lot will also be built.
4.SCREENING AND BUFFERS:
On-site parking areas and associated vehicular use areas to be
developed must be landscaped in compliance with ordinance
requirements.
5.PUBLIC WORKS COMMENTS:
1.The current land use would classify all boundary streets on the Master
Street Plan as a commercial streets.Right-of-way and street widening
to collector standards would be required with future construction
pe I l11 its.
2.Traffic circulation plan should be provided addressing pick-up and
drop-off location,visitors,service vehicles,and staff parking;with
redevelopment.
3.With construction,repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to occupancy.
4.Stormwater detention ordinance applies to this property.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:SBC has aerial cable in this block that may have to be
moved or relocated (cable runs east-west in rnid block).
Water:Contact Central Arkansas Water regarding the water service
needs.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.
2
August 7,2003
ITEM NO.:14 Cont.FILE NO.:Z-5868-A
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
Joe White was present representing the application.Staff presented the item
and noted additional information was needed on the design of the proposed new
building,signage,days and hours of operation,student enrollment and number
of employees,fencing and the specific use of each building (existing and
proposed).Staff asked if the proposed new building would replace uses
currently in other buildings and,if so,what the future use of those buildings
would be.Staff noted that a bill of assurance had not been submitted.
Landscape and Public Works Comments were presented.Staff noted that the
half block of undeveloped Tyler Street currently being used as parking area
should be abandoned and the rights-of-way on all abutting streets do not meet
Master Street Plan requirements.Staff asked that a traffic circulation plan be
provided;addressing pick-up and drop-off locations,visitors,service vehicles and
staff parking.The applicant stated he would meet with staff to discuss these
issues.
Mr.White stated that Archild had no real plans to build the new building at this
time and was currently seeking Planning Commission approved to legitimize the
current use as it exists.The applicant was advised to respond to staff issues by
July 23,2003.
The Committee then forwarded the item to the full Commission
STAFF ANALYSIS:
The Archild Center for Children operates a non-profit day care and therapy
facility serving 85 children,both developmentally delayed and those with no
delays,utilizing several formerly residential structures located in the 5300 and
5400 Block of West 10 Street and the 1000 Block of Fair Park Blvd.The
Center has been in operation since 1971.The Center's ownership of properties
in the area and use of those properties has expanded since the Center's
inception.On September 6,1994,the Planning Commission approved the
temporary (5-year)use of 5312 and 5401 West 10 Street for the Center.At
that time,the Center envisioned returning to the Commission with plans to
construct a new building.Those plans have stalled and in the years subsequent
to the 1994 action,the Center has expanded into other structures in the area.
Upon becoming aware of the expiration of the 5-year approval,the Center's
director approached staff with a new,two-phased plan.Phase I is to continue
use of the several buildings now occupied by the Center,with no change in
building area or parking.Phase II is again the future construction of a new,two
story facility housing therapy offices,the Center's kitchen and storage room.A
3
August 7,2003
ITEM NO.:14 Cont.FILE NO.:Z-5868-A
14-space parking lot will be built in conjunction with the new building.No
changes are proposed in signage or operating hours.The use of the Phase I
buildings as office and as classrooms for younger children would continue even
after the new building is constructed.
The use of each of the Center's properties is proposed as follows:
5301 Maryland Single Family residential —rental
5305 Maryland Single Family residential —rental
5307 Maryland Day Care or School
5323 Maryland Single Family residential —rental subject to removal
5300 West 10 'ersonal residence
5304 West 10 'ay Care
5306 West 10 'ay Care
5312 West 10 'ay Care,Doctor/Nurse Office
5301 West 10 'ingle Family residential —rental
5307 West 10 Single Family residential —rental
5309 West 10 'herapy Office
5313 West 10 Day Care or School
5317 West 10 Day Care or School
5323 West 10 Management Office
5401 West 10 School
5405 West 10 School
5409 West 10 School
5413 West 10 Day Care,School or Single Family
1001 Fair Park General Office
1009 Fair Park General Office/Therapy Office
1011 Fair Park General Office/Therapy Office
All of the structures appear to have formerly been used as residences.Parking
and drop-off is located in front of each structure and a strip of angled parking is
located along the north side of 10 'treet.The former area of Tyler Street,
south of 10 'treet,has been developed as a parking lot.Although Tyler Street
was never built in this location,the right-of-way still exists and should be
abandoned.Signage consists of two small ground-mounted signs located on the
office lots at 5312 West 10 'treet and 1001 Fair Park and small wall signs on
the various structures.There is no valid bill of assurance for the properties.
Clearly the primary concern with the applicant's current use is the lack of
adequate on-site parking and drop-off facilities.The Center has,however,
functioned "as is"for years.As new development occurs,right-of-way
dedication,street improvements and on-site parking will be provided.
4
August 7,2003
ITEM NO.:14 Cont.FILE NO.:Z-5868-A
The buildings used by the Center are located along 10 ',between Harrison and
Fair Park;as well as on Fair Park.The proposed new building is located.
mid-block,on the east side of Tyler between Maryland and 10 ".Only one
structure facing onto Maryland Avenue is proposed for use as day care.Staff
would prefer that all of the properties fronting onto Maryland remain residential at
this time.Although the properties across Maryland Avenue to the north are
zoned 0-3,they are occupied by single-family residences.Keeping the
properties on the south side of Maryland residential will provide additional
buffering for those honkies.This will result in the Center's use area being
"internalized"and not facing out other than on Fair Park.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit to allow
continued use of the properties for Archild and to allow construction of the new
building and parking lot subject to compliance with the following conditions:
1.Compliance with the Staff comments and conditions outlined in Sections 4,5
and 6 of the staff report
2.Signage is to be limited to a wall sign on the individual buildings which are
used for the day care/school and the existing ground-mounted signs on
5312 West 10 'treet and 1001 Fair Park.
3.Any site lighting installed for the new parking lot must be shielded downward
and into the parking lot so as not to spill onto adjacent properties.
4.The properties on the south side of Maryland Avenue between Harrison and
Tyler Streets,including 5307 Maryland Avenue,are to remain single family
residential in use.
5.The half block of undeveloped Tyler Street located south of West 10 Street
is to be abandoned.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
The applicant was present.There were no objector s 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 11 ayes and 0 nays.The
application was approved.
5
August 7,2003
ITEM NO.:15 FILE NO..Z-6860-A
NAME:Sirius Dog Spa —Conditional Use Permit
LOCAT I 0 N.5300 West Markham Street
OWNER/APPLICANT:Dr.Bert Miller,property owner/Elizabeth Clarke
PROPOSAL:A conditional use permit is requested to allow for use
of one building on this 0-3 zoned property as a "dog
spa"providing grooming and pet day care.There will
be no overnight boarding or any outside activities.
1.SITE LOCATION.
The site is located at the northwest corner of West Markham and Harrison
Streets;across from War Memorial Golf Course.
2 COMPATIBILITY WITH NEIGHBORHOOD:
The site is located within the office and commercial corridor along the
north side of West Markharn Street.Uses along the corridor include
various types of offices,a hotel,restaurants and a convenience store with
gas pumps.War Memorial Park and Golf Course is located across West
Markham Street to the south.The proposed use is located entirely within
an existing office building and 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 Hiflcrest Neighborhood
Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
The site contains two buildings (2,613 square feet and 4,208 square feet),
23 parking spaces and a semicircular drop-off lane.At the general office
requirement of 1 space per 400 square feet,17 parking spaces would be
required.At a retail commercial parking requirement of 1 space per 300
square feet,22 parking spaces are required.There is sufficient on-site
parking to accornrnodate the uses on the site.
4.SCREENING AND BUFFERS:
No Comments.
August 7,2003
ITEM NO.:15 Cont.FILE NO.:Z-6860-A
5 PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS.
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:Approved as submitted.
Water:Installation of an RPZ backflow assembly will be required on the
domestic service,prior to the first outlet.
Fire Department:Approved as submitted.
Count Plannin:No Comments.
CATA:No Comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
The applicant,Elizabeth Clarke,was present.Staff presented the item and
noted additional information was needed regarding signage and number of
employees.It was noted that there is no valid bill of assurance.Ms.Clarke
responded that she would utilize one of the panels on the complex ground sign
located on the property and would also have a wall sign.She stated the
business would start with only herself as an employee but she hoped to
eventually have up to 5 employees.
There were no Public Works or Landscape Comments.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
2
August 7,2003
ITEM NO 15 Cont.FILE NO..Z-6860-A
STAFF ANALYSIS:
The 0-3 zoned development at 5300 West Markham Street consists of 3 lots
Smaller,one-story office buildings are located on each of the two lots which front
onto West Markham Street.Parking is located behind one of the buildings and
on the third lot,located behind the office buildings.Building "A',at the corner of
West Markham and Harrison Streets,contains 2,613 square feet.Building '',
adjacent to the west,contains 4 208 square feet.Building "B"currently houses
an optometric clinic and a massage therapy clinic.The applicant proposes to
occupy the entirety of building 'A".The proposed use is a dog spa (known as
Sirius Spa)that will offer pet bathing,grooming,aromatherapy.repassage,herbal
wraps and day care.There will be no overnight boarding of aniinals,either
inside the building or outside,nor will there be an exercise pen of any type added
to the outside of the building.Dog conformation classes will be offered on
Sunday inside the building.Intended hours of operation will be Tuesday—
Sunday,6.00 a.ni.—6:00 p.m.There will be no additions or alterations made to
the building oi property.The business will begin with one employee but
eventually will expand to have 5 employees.Signage will consist of an
ordinance-allowed wall sign and one panel of the existing tenant ground-
mounted sign.The property is not covered by a valid bill of assurance
Staff is supportive of the requested use.The property is located within the
office-commercial corridor along West Markham Street.The use is to take place
entirely within the enclosed building and should have no effect on surrounding
properties.
The applicant responded to staff questions raised at Subdivision Committee as
reflected in the analysis above.
STAFF RECOMMENDATION.
Staff recon~mends approval of the conditional use permit subject to conipiiance
with the operation plan outlined in the 'Staff Analysis"above including the
requirement that all uses take place entirely within the enclosed building and
conapliance with the utility comments noted in Section 6 of the Staff Report.
PLANNING COMMISSION ACTION:(AUGUST 7,2003j
The applicant was present.There were no objectors present.Staff presented
the item with a recommendation of approval.
The applicant offered no additional comments.
3
August 7,2003
ITEM NO.:15 Cont.FILE NO..Z-6860-A
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 11 ayes and 0 nays.The
application was approved.
August 7,2003
ITEM NO..16 FILE NO.:Z-7429
NAME:Brown Accessory Dwelling —Conditional Use Permit
LOCATION.1814 East 38 'treet
OWNER/APPLICANT:Jerimaine Terrell Brown
PROPOSAL:A conditional use permit is requested to allow for
construction of an accessory building containing a
four-car garage on the ground floor and an accessory
dwelling on the upper floor.The property is zoned
R-2.
1.SITE LOCATION:
The property is located on the north side of East 38 'treet,6 lots east of
Springer Blvd.,in the Granite Mountain Community.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in a neighborhood comprised of single family
residences.The larger surrounding area does contain a variety of other
uses,including a community service organization,city park,small
commercial strip center,a church and a former Housing Authority
development.Staff is concerned that the proposed accessory dwelling is
out of character with the remainder of the single family residential
properties in the immediate neighborhood,and in fact,may not 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 Granite Mountain
Neighborhood Association were notified of this request.
3.ON SITE DRIVES AND PARKING:
One,on-site parking space each is required for the accessory dwelling
and the existing house.The site currently has a paved driveway large
enough to accommodate the required parking.The applicant proposes to
extend a driveway into the rear yard to access the proposed new four-car
garage.
4.SCREENING AND BUFFERS:
None required.
August 7,2003
ITEM NO.:16 Cont.FILE NO.:Z-7429
5.PUBLIC WORKS COMMENTS:
No Comments.
6.UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer main located in easement on east side of property.
No construction within easement.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:No Comments received.
Water:No objection.
Fire Department:Approved as submitted.~Ci:C
CATA:No Comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
The applicant was present.Staff presented the item and noted additional
information was needed on the design of the proposed accessory dwelling.Staff
asked that the applicant provide the square footage of the existing house and
show the driveway to the accessory building on the site plan.Staff noted the
applicant's statement that the accessory dwelling would be occupied only by
family members and no separate utilities were being requested.Staff also noted
that the property was covered by a valid bill of assurance that included the
following provision:
11.No trailer,basement,tent,shack,barn,or other out-building
erected on any lot in the subdivision shall at any time be used
as a residence,temporarily or permanently,nor shall any
residence of a temporary character be permitted.
The applicant was advised to meet with the neighborhood association.
Mr.Brown responded that he was scheduled to appear at the association's
next meeting.
2
August 7,2003
ITEM NO.:16 Cont.FILE NO.:Z-7429
The applicant was advised to respond to staff issues by July 23,2003.The
Committee then forwarded the item to the full Commission.
STAFF ANALYSIS:
The R-2 zoned lot located at 1814 East 38 'treet is currently occupied by a
one-story,brick and frame,single-family residence.The applicant is in the
process of building a two-story accessory building.The ground floor is to contain
a four-car garage.The upper floor is proposed to contain an accessory dwelling.
The applicant has stated that the accessory dwelling will only be occupied by
family members and separate utilities will not be extended to the structure.With
recent additions,the existing house contains 'l,473 square feet.The proposed
accessory dwelling has 960 square feet.A driveway will be extended from East
38 'treet to the new garage-accessory structure.The house and property are
typical of those in this neighborhood.The accessory building will be constructed
of frame with white vinyl siding.The pitched roof will have red,architect
shingles.
The bill of assurance for Granite Heights Subdivision No.2 was recorded in 1962
and was binding for a period of 30 years with automatic 10 year extensions.The
bill of assurance does contain the following provision that is pertinent to the issue
before the Commission:
11.No trailer,basement,tent,shack,barn,or other out-building
erected on any lot in the subdivision shall at any time be used
as a residence,temporarily or permanently,nor shall any
residence of a temporary character be permitted.
Staff does have concerns about the proposal.It does not appear that there are
any other accessory dwellings in the neighborhood or the other nearby
residential neighborhoods.The neighborhood is comprised solely of well-
maintained,detached single-family residences.While there certainly is nothing
particularly onerous about the concept of an accessory dwelling,staff does not
feel that such a use is compatible with this neighborhood.
The applicant submitted responses to issues raised at Subdivision Committee
and reflected in the analysis above.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
3
August 7,2003
ITEM NO..16 Cont FILE NO.:Z-7429
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
Staff informed the Commission that the applicant sent the required 'Notice of
Public Hearing"on July 28,2003;10 days prior to the public hearing rather than
the required 15 days.The Commission determined it appropriate to defer the
application.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the September 4,2003 agenda.A motion to that
effect was naade.The naotion passed by a vote of 10 ayes and 1 nay.The
application was deferred.
4
August 7,2003
ITEM NO.:37 FILE NO.:Z-7449
NAME:Hubbard Impound Lot —Conditional Use Permit
LOCATION:5703 Patterson Road
OWNER/APPLICANT:Coy J.Hubbard,Jr.
PROPOSAL A conditional use permit is requested to allow for use
of a portion of this C-4 zoned property as an auto
storage/impound lot.
1.SITE LOCATION:
The property is located on the east side of Patterson Road,south of the
main line of the MoPac Railroad.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The property is located at the northern edge of the 65 Street Industrial
Park.The 1-2 property to the east is undeveloped.The large area of 1-2
and 1-3 zoned properties to the south and west contain a variety of
industrial wholesale,warehouse and manufacturing uses.The mainline of
the MoPac Railroad is located adjacent to the north.A city park and a
residential neighborhood is located beyond the railroad.With attention
given to screening and maintenance of the site,the 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 SWLR United for
Progress,Wakefiefd,Geyer Springs and Upper Baseline Neighborhood
Associations were notified of this request.
3.ON SITE DRIVES AND PARKING:
The site currently has gravel drives and parking areas.No changes are
proposed.There is adequate area available for on-site parking to serve
this use.
4.SCREENING AND BUFFERS:
Because the adjacent properties are industrial,no buffers or landscaping
are required.
August 7,2003
ITEM NO.:17 Cont.FILE NO.:Z-7449
A 6-foot tall wood screening fence should be installed along the front
perimeter (Patterson Street)of the vehicle impound lot.The fence must
be designed with the face side directed outward.
5.PUBLIC WORKS COMMENTS:
No comments regarding change in property use.Any future building
permits or construction may be subject to the boundary street ordinance
and stormwater detention requirements.
6.UTILITY,FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:No Comments received.
Southwestern Bell:Approved as submitted.
Water:No objection.
Fire Department.Approved as submitted.
CATA:No Comments.
SUBDIVISION COMMITTEE COMMENT:(JULY 'I7,2003)
The applicant,Coy Hubbard,was present.Staff presented the item and noted
additional information was needed regarding signage,site lighting,number of
employees,fencing and whether any other business would be located on the
site.Staff asked how many days vehicles would be stored on the site and if the
impound lot would be used for the storage of vehicles from any source other
than Arkansas State Police.Staff asked if there would be outside speakers on
the lot.It was noted that any future building permits or construction may be
subject to the boundary street ordinance and stormwater detention requirements.
The applicant was advised to respond to staff issues no later than July 23,2003.
The Committee then forwarded the item to the full Commission.
2
August 7,2003
ITEM NO.:17 Cont.FILE NO.:Z-7449
STAFF ANALYSIS:
The C-4 zoned,3.67 acre tract located at 5703 Patterson Road is currently
occupied by a one-story,block and steel building housing a vehicle service and
repair business.Much of the rest of the site consists of a gravel parking area.
The property is fenced and cross-fenced with a 6-foot tall chainlink fence topped
with 3 strands of barbed wire.The applicant proposes to utilize a portion of the
site as a vehicle impound lot for the impoundment of vehicles towed under the
Arkansas State Police Towing Policy.The impound lot will be used solely for the
purpose of state impoundment of vehicles.Vehicles will be stored for a
maximum of 30 days.Any vehicle not recovered by the owner will be removed
from the facility and/or taken to auction or salvage.The site is currently
illuminated by night-watcher type lighting around and within the site.No changes
are proposed to site lighting.The business will employ 4 persons.A small trash
dumpster will be placed south of the entry gate.A screening fence will be
installed around the dumpster.There will not be any type of public address or
call systems.The property is unplatted and no bill of assurance exists for the
property.The applicant has proposed placing a 3'5'ign on the fence to
identify the inipound lot.This will not be permitted.The sign must be ground-
mounted and not placed on the fence.
Staff is supportive of the request.The property is located within an industrial
park comprised of 1-2 and 1-3 zoned properties that contain a variety of industrial
uses.The property is zoned C-4 which would allow uses such as an automobile
sales lot.The property is located between the main line MoPac Railroad and the
MoPac spur that serves the industrial park.The property to the east is
undeveloped.The impound lot is proposed to occupy the southern V.a of the
site.The railroad and a city park provide separation between the site and the
neighborhood farther to the north.Staff believes it is appropriate to require a 6
foot screening fence along the front (Patterson Road)perimeter of the impound
lot since some of the vehicles being stored may be wrecked.This would match
what the City did for its own impound lot located on Jaiwison Road.
On July 23,2003,the applicant submitted responses to the issues raised at
Subdivision Committee and noted in the above analysis.The property is not
covered by a bill of assurance.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1 Compliance with the Staff Comments and conditions outlined in Sections 4,5
and 6 of the staff report.
3
August 7,2003
ITEM NO.:17 Cont.FILE NO.:Z-7449
2 Signage is to be limited to a 3'5',6-foot tall ground-mounted sign located
near the entry gate to the impound lot.
3.The area of the impound lot is to be fenced and the impound lot is not to
expand beyond the boundary of the area shown on the approved site plan.
4.No salvaging or dismantling of vehicles is to occur on the site.
5.Vehicles are to be stored for a maximum of 30 days;after which they are to
be removed from the site.
6.The impound lot is to be used solely for the impoundment of vehicles towed
under the Arkansas State Police towing policy.
7.A 6 foot tall wood privacy fence is to be installed along the front (Patterson
Road)perimeter of the impound lot.The fence is to be constructed with the
finished side facing outward.
8 The impound lot is to be kept clean and not permitted to become overgrown.
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
The applicant was present.There was one (1)person present in opposition
Staff briefly described the conditional use permit with a recommendation of
approval,subject to the conditions noted on pages 3 and 4 of the agenda report
Staff stated that the applicant would address the following issues (not conditions
of approval):
The site will be lighted as per Arkansas State Police regulations.
2.The wrecker drivers will be asked to access the site from West
65'treet/PattersonRoadastoattempttominimizetrafficonGumSprings
Road.
Staff noted that a letter of support was received from Southwest Little Rock
United for Progress,and a letter of objection had been received from Cisco-
Eagfe,Inc.
Tom Epperson.of Cisco Eagle,Inc.,addressed the Commission in opposition to
the application.He expressed concern with locating an impound lot in this
general area.He stated that the impound lot will not enhance this business
area.He questioned the need for an additional impound lot.
August 7,2003
ITEM NO.:17 Cont.FILE NO.:Z-7449
Coy Hubbard,property owner,addressed the Commission in support of the
application.He stated that an impound lot had operated on the lot previously.
He noted that the impound lot would be highly regulated by the Arkansas State
Police,and that the applicant would maintain the property.He noted that all of
the surrounding properties were zoned 1-2.
Janet Berry,of Southwest Little Rock United for Progress,addressed the
Commission in support of the application.She stated that the Geyer Springs
and Upper Baseline Neighborhood Associations would rather have a legitimate
business on the property,than the property remain vacant.
There was a motion to approve the conditional use permit as recommended by
staff.The motion passed by a vote of 11 ayes and 0 nays.The application was
approved.
5
S01.u IOXS F0R
+ALAI:.RI~I.S
~I0VI:,Wr X r,SENORA&;r;,AXD IIA~OLIIvlC;
July 23,2003
Re:Notice of Public Hearin&
Department of Planning and Development
City of Little Rock
723 West Markham
Little Rock,Arkansas 72201
To:Little Rock Planning and Development Commissioners
Cisco-Eagle,Inc,Little Rock Office,located at 5500 Patterson Road is in receipt of your
"Notice of public hearing on an application for conditional use permit"for propertv
located at 5703 Patterson Road.The application indicates the proposed use of the
propertv to be an "automotive storage,'impound lot'.As an interested party,Cisco-Eagle,
Inc,would like to go on record as opposing the application at this time.
On July 22,2003 Cisco-Eagle,Inc.contacted the landowner,Mr.Coy I-lubbard,and
Commissioner Dana Carney to gain a more complete understanding of the proposed use
of the property relative to the description contained in the application and the
accompanying operating activities.In our discussions with the Mr.Hubbard and
Commissioner Carney we v,ere not able to develop a full understanding of the intended
use since various information has not been provided to the Planning and Development
Department as of this date.
It is our understanding that a full disclosure of the proposed use and operating activities
will be made at the 4:00 PM,August 7,2003 public hearing to be held in the Chambers
of the Little Rock Board of Directors.Our position in opposing the application at this
time is to allow all interested parties the opportunity to assess the impact of this business
operation on traffic congestion,surrounding property values,crime rate,business
environment,noise,etc.
To pp 0
Director —Field Operations
August 7,2003
ITEM NO.:18 FILE NO.:Z-7450
NAME:Collins Accessory Dwelling —Conditional Use Permit
LOCATION:13151 Cantrell Road
OWNER/APPLICANT:George E.Collins,Jr.
PROPOSAL:A conditional use permit is requested to allow for
placement of a residential structure on this .346 acre
tract as an accessory dwelling.The property is zoned
R-2.
1.SITE LOCATION:
The site is located on the south side of Cantrell Road,east of the Pankey
Community;at the southeast corner of Cantrell Road and Crockett Street.
2.COMPATIBILITY WITH NEIGHBORHOOD:
The site is located just east of a sparsely developed portion of the
Pankey neighborhood.An office building is adjacent to the east and
another,larger office development was recently approved beyond that.A
large,multifamily community is located to the south.Undeveloped,R-2
zoned property is located to the north.The density of the development
proposed is such that each home site will have an area slightly larger than
the typical lot in Pankey.The adopted Land Use Plan recommends
Transition for this site which supports single family,multifamily or office
uses.The proposed use of this .346 acre tract for two homes should be
compatible with uses in the area.
All owners of property located within 200 feet of the site,all residents
within 300 feet and the Pankey Neighborhood Association were notified of
this request.
3.ON SITE DRIVES AND PARKING:
The existing residence is accessed via a gravel driveway off of the
Crockett Street right-of-way.The right-of-way itself contains only a gravel
drive that serves the applicant's property and two other homes.The
existing residence has ample parking and a new two-car parking pad will
be constructed for the accessory dwelling.
4.SCREENING AND BUFFERS:
None required.
August 7,2003
ITEM NO.:18 Cont.FILE NO.:Z-7450
5.PUBLIC WORKS COMMENTS:
1.Crockett Street is not currently maintained by the City.Solid Waste
collection is provided on Highway 10.
6 UTILITY FIRE DEPT.AND CATA COMMENTS:
Wastewater:Sewer available,not adversely affected.
Entergy:No Comments received.
CenterPoint Energy:Approved as submitted.
Southwestern Bell:No Comments received.
Water:No objection.
Fire Department:Approved as submitted.
Count Plannin:No Comments.
CATA No Comments received.
SUBDIVISION COMMITTEE COMMENT:(JULY 17,2003)
The applicant,George Collins,was present.Staff presented the item and noted
additional information was needed regarding building height and setbacks,
building square footage and whether separate utilities were requested.Staff
noted that the proposed accessory dwelling appeared larger than the existing
residence and the property owner was not going to occupy either dwelling.
In response to questions from the Committee,Mr.Collins stated the dwellings
would likely be occupied by employees of his landscape company/nursery.
Mr.Collins stated he would specify the maximum number of persons who could
occupy each dwelling.
Public Works Comments were noted.
The applicant was advised to respond to staff issues by July 23,2003 The
Committee then forwarded the item to the full Commission.
2
August 7,2003
ITEM NO.:18 Cont.FILE NO..Z-7450
STAFF ANALYSIS:
The 0.346 acre,R-2 zoned tract located at 13,151 Cantrell Road is currently
occupied by a 1,466 square foot,one-story,frame,single-family residence.The
property is adjacent to but not within the Pankey Subdivision.The property is not
covered by a bill of assurance.The owner of the property proposes to relocate a
1,404 square foot,one-story,frame,single-family residence from Pinnacle Valley
Road onto this site to serve as an accessory dwelling.The applicant,who owns
Arkansas Garden Center at 15603 Cantrell Road,proposes to make the two
residences available for employees of his business.Each residence is proposed
to be occupied by a single family,not to exceed 5 family members.Separate
utilities are requested for each dwelling.The applicant will not occupy either
dwelling,as is required in the R-2 district.
Staff is supportive of the request.Although the proposal is not a traditional
accessory dwelling development,staff believes the proposed use is compatible
with uses and zoning in the area.The density proposed by the applicant
equates to approximately 6 units per acre which is compatible with the density of
the adjacent Pankey Subdivision.The style of home proposed is also
compatible with the neighborhood.Properties to the east are developing as
office and a large,multifamily development is located to the south.The River
Mountain District Land Use Plan recommends Transition for this site which would
allow for its use as single family,multifamily or office,if appropriately zoned
On July 23,2003,the applicant submitted responses to issues raised at
Subdivision Committee and reflected in the analysis above.
STAFF RECOMMENDATION:
Staff recommends approval of the requested conditional use permit subject to
compliance with the following conditions:
1.Compliance with the approved site plan
2.Each dwelling is to be occupied only by a single family not to exceed 5
persons (as proposed by the applicant).
Staff recommends approval of a variance to allow neither dwelling to be
occupied by the property owner.
Staff recommends approval of the request to allow separate utilities.
3
August 7,2003
ITEM NO.:18 Cont.FILE NO:Z-7450
PLANNING COMMISSION ACTION:(AUGUST 7,2003)
The applicant was present.There was one (1)person present in opposition
Staff briefly described the application with a recommendation of approval,
subject to the conditions noted on page 3 of the agenda report.
Chairman Nunnley asked staff about the requested variance.Staff noted that
Section 36-252 of the City's Zoning Ordinance required that one (1)of the two
(2)dwellings on the property be occupied by the property owner.
J.H.Penney addressed the Conamission in opposition to the application.He
expressed concern that the dwellings would not be used as single family
dwellings and occupied by more persons than was allowed.
George E.Collins,Jr.,property owner,addressed the Comnaission in support of
the application.He briefly described the house to be moved onto the property.
He noted that the property was in an area of transition (City's Land Use Plan)
along Cantrell Road.He explained the need to have housing for his employees
closer to his landscape business.
Commissioner Floyd noted that the driveway to this property from Cantrell Road
extended out of the Crockett Street right-of-way and onto the property to the
west.He stated that if the conditional use permit was approved,the driveway
should be moved to within the right-of-way.This issue was briefly discussed.
Mr.Collins noted that there was a large oak tree in the right-of-way area which
he wished not to remove.Mr.Collins stated that he could obtain permission from
the property owner to the west to leave the drive at its present location.
Vice-Chairman Rahman discussed the issue of the property owner not living in
one (1)of the dwellings.Commissioner Faust asked if a condition could be
placed on the variance,tying it to the property owner.Cindy Dawson,City
Attorney,stated that a condition could be placed on the application.This issue
was briefly discussed.
Chairman Nunnley expressed concern that approval of this application would set
a precedence for other accessory dwelling applications.There was additional
discussion related to the ownership issue.
Mr.Collins noted that the application would be an~ended as follows:
1.Written agreement must be obtained from the property owner to the west to
leave the access drive from Cantrell Road in its current location,or the drive
would be located entirely in the Crockett Street right-of-way.
4
August 7,2003
ITEM NO..18 Cont.FILE NO.:Z-7450
2.The variance from Section 36-252 would run with George E.Collins.Jr.as
property owner or one of his immediate family members as an heir.If the
property sells to a non-member of Mr.Collins'mmediately family,the new
owner must occupy one (1)of the dwellings.
There was a motion to approve the conditional use permit as amended by the
applicant and recommended by staff.The motion passed by a vote of 10 ayes
and 1 nay.The application was approved.
5
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August 7.2003
There being no further business before the Commission,the meeting was
adjourned at 4i53 p.m.
Date /5
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