HomeMy WebLinkAboutpc_12 18 2003
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
DECEMBER 18, 2003
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Pam Adcock
Chauncey Taylor
Gary Langlais
Norm Floyd
Mizan Rahman
Jerry Meyer
Fred Allen, Jr.
Darrin Williams
Bill Rector
Bob Lowry
Robert Stebbins
Members Absent: None
City Attorney: Cindy Dawson
III. Approval of the Minutes of the October 30, 2003 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
DECEMBER 18, 2003
4:00 P.M.
I. DEFERRED ITEMS:
A. Z-6782-B Second Baptist Church – Revised Conditional Use Permit
1709 John Barrow Road
B. Z-7512 Interstate 630 Self-Storage – Conditional Use Permit
5700 West 10th Street
C. LU03-12-02 A Land Use Plan Amendment in the 65th Street West Planning
District at the Southeast corner of Talley and Colonel Glenn
Roads from Light Industrial to Commercial.
D. Z-7508 Rezoning from R-2 to C-3
Southeast corner of Colonel Glenn Road and Talley Road
II. NEW ITEMS:
1. Z-7143-B Web Communications – Tower Use Permit
17109 Cooper Orbit Road
2. Z-7546 Mt. Harmony Baptist Church – Conditional Use Permit
1224 Chester Street
3. Z-7547 The House of Obed – Conditional Use Permit
8223 West 39th Street
4. Z-7543 O’Donnell Day Care Family Home – Special Use Permit
25 Overby Circle
5. Z-7544 Stewart Day Care Family Home – Special Use Permit
4005 West 10th Street
6. Z-7548 Brooks Day Care Family Home – Special Use Permit
6821 Fairfield Drive
7. G-23-331 Mary Street, Brack Avenue, Carl Street, Lucie Avenue and
Alley Right-of-Way Abandonments
Agenda, Page Two
II. NEW ITEMS: (CONT.)
8. LU03-20-01 A Land Use Plan Amendment in the Pinnacle Planning District
both sides of Chenal Parkway north of Cantrell Road from
Single Family, Multi Family and Office to Multi Family, Office,
and Commercial.
8.1. Z-5099-B Rezonings from R-2, O-2, O-3 and MF-18 to MF-12, MF-18,
O-3 and C-3
Generally north, east and west of the Cantrell Road/Chenal
Parkway Intersection
9. LU03-12-03 A Land Use Plan Amendment in the 65th Street West Planning
District on the west side of David O. Dodd south of Colonel
Glenn Road from Community Shopping and Office to
Commercial.
9.1. Z-6973-A Rezonings from R-2 and O-3 to C-3
North and south sides of David O. Dodd Road, between
Bowman Road and Lawson Road
10. LU03-10-01 A Land Use Plan Amendment in the Boyle Park Planning
District on the south side of Colonel Glenn Road at Elmwood
Street from Mixed Use to Commercial.
10.1. Z-7545 Rezoning from R-2 to C-3
8225 Colonel Glenn Road
11. LU03-20-02 A Land Use Plan Amendment in the Pinnacle Planning District
at 19420 Cantrell Road from Single Family to Commercial.
11.1. Z-7549 Rezoning from R-2 to C-3
19420 Cantrell Road
12. Z-7550 Rezoning from R-2, MF-18, MF-24 and POD to C-3
North side of Kanis Road, approximately 0.45 mile west of
Chenal Parkway
13. LU03-19-04 A Land Use Plan Amendment in the Chenal Planning District on
the south side of Rahling Road near Champlin Street from
Office to Mixed Use.
14. An extension of the Design Overlay District for the Highway 10 Scenic Corridor
from Highway 300 westward to the Planning Boundary.
15. Z-7551 Elliott Day Care Family Home Special Use Permit
1100 N. Taylor Street
December 18, 2003
ITEM NO.: B FILE NO.: Z-7512
NAME: Interstate 620 Self Storage – Conditional Use Permit
LOCATION: 5700 West 10th Street
OWNER/APPLICANT: Sidney Thom/Scott Richburg
PROPOSAL: A conditional use permit is requested to allow for
construction of a mini-warehouse development on this
C-3 zoned, 4.7 acre tract.
STAFF REPORT:
On October 13, 2003, the applicant submitted a request that this item be
deferred to the December 18, 2003 commission meeting in order to pursue
resolution of the FEMA map revision issue. Staff recommends approval of the
deferral request.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2003)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested deferral of the item to the
December 18, 2003 meeting in order to pursue resolution of the FEMA map
issue. There was no further discussion.
The item was placed on the Consent Agenda and deferred as recommended by
staff. The vote was 9 ayes, 0 noes and 2 absent.
STAFF REPORT:
The applicant has requested that this item be deferred to the February 12, 2003
Agenda in order to continue pursuing resolution of the FEMA issue. Staff
supports this one last deferral. If the item is not ready to be presented at the
February 12, 2004 meeting, it should be withdrawn and refiled at a later date. All
appropriate information should be submitted prior to the January 15, 2004
Subdivision Committee meeting.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The applicant was not present. There were no objectors present. Staff informed
the Commission that the applicant had requested that the item be deferred to the
February 12, 2004 agenda. Staff recommended approval of the deferral as
noted in the staff report above.
December 18, 2003
ITEM NO.: B (Cont.) FILE NO.: Z-7512
2
The item was placed on the Consent Agenda and approved for deferral to the
February 12, 2004 meeting. The vote was 11 ayes, 0 noes and 0 absent.
December 18, 2003
ITEM NO.: C FILE NO.: LU03-12-02
Name: Land Use Plan Amendment - 65 Street - West Planning District
Location: Southeast corner of Col. Glenn and Talley Road
Request: Light Industrial to Commercial
Source: Virginia Unser
PROPOSAL / REQUEST:
Land Use Plan amendment in the 65 Street - West Planning District from Light
Industrial to Commercial. The Commercial category includes a broad range of
retail and wholesale sales of products, personal and professional services, and
general business activities. Commercial activities vary in type and scale,
depending on the trade area that they serve.
EXISTING LAND USE AND ZONING:
The property is two houses built on large lots currently zoned R-2 Single Family
and is 10.01 acres ± in size. The property on the north side of Col. Glenn Road
is a fast food restaurant zoned C-3 while on the neighboring property to the rear
a new building is under construction. The property at the northwest corner of
Col. Glenn and Talley Road is a radio station and exhibition hall zoned C-2
Shopping Center. The property to the north across the street on Col. Glenn is a
business park zoned I-1 Industrial Park. The property to the northeast along Col.
Glenn Road consists of a house built on a large lot zoned R-2. The land east of
the applicant’s property is vacant land zoned R-2 with a warehouse zoned I-2 at
the southwest corner of Col. Glenn and Shackleford Road. The property to the
south is houses built on large lots zoned R-2 while the land to the west is zoned
C-3 General Commercial recently cleared for development. Further to the
southwest on Talley Road is recently cleared land zoned O-3 General Office for
a new office park. Currently at the I-430 Col. Glenn intersection, there are 112
acres of land zoned C-2 Shopping Center, 82 acres of land zoned C-3 General
Commercial and 38 acres of land zoned C-4 Open Display Commercial. If
the proposed changes that are before the Board of Directors take place on
October 21, the totals will be an increase of 40 acres of C-3 and 13 acres of C-4.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On February 4, 2003, a change was made from Multi-family to Mixed Office
Commercial on the southwest corner of I-430 and W. 36th Street about a ½ mile
northwest of the application area to accommodate proposed development
December 18, 2003
ITEM NO.: C (Cont.) FILE NO.: LU03-12-02
2
On January 7, 2003, a change was made from Office to Commercial on the
south side of Col. Glenn Road about 1 mile west of the amendment area to
accommodate proposed development.
On November 4, 2002, a change was made from Single Family to Low Density
Residential along Lehigh Street about 1 mile northeast of the amendment area to
recognize existing conditions.
On January 16, 2001, changes were made from Mixed Use to Commercial and
from Suburban Office to Office across the street from the applicant’s property on
Talley Road to accommodate proposed development, resulting in the current
land uses shown.
On September 19, 2000 a change was made from Low Density Residential and
Mixed Office Commercial to Mixed Use at W. 36th Street and Bowman Road
about ¾ of a mile northwest of the study area to accommodate proposed
development.
On April 6, 1999 changes were made from Office and Community Shopping to
Mixed Office Commercial at the northwest corner of Col. Glenn at Bowman Road
about 1 mile west of the applicant’s property to accommodate proposed
development.
The applicant’s property is shown as Light Industrial on the Future Land Use
Plan. All of the property fronting Col. Glenn Road to the east of Talley Road is
shown as Light industrial and the area to the west of Talley Road is shown as
Commercial. Currently at the I-430 Col. Glenn intersection, there are 118 acres
of land shown as Commercial and 94 acres of Mixed Office Commercial most of
which is zoned C-2. If the proposed changes that are before the Board of
Directors take place on October 21, there would be an increase of almost 50
acres shown as Commercial.
MASTER STREET PLAN:
Col. Glenn Road is shown on the Master Street Plan as a Principal Arterial and is
built with half street improvements on the north side. Talley Road is a local
street built to standard with curb and gutter. Talley Road at the Col. Glenn
intersection remains a two-lane road with open drainage to allow for the widening
of Col. Glenn Road at a future date. The south side of Col. Glenn Road would
be subject to half street improvements in order to conform to Master Street Plan
standards. There are no bikeways shown that would be affected by this
amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the
applicant’s property is located in a service deficit area. Service Deficit Areas are
December 18, 2003
ITEM NO.: C (Cont.) FILE NO.: LU03-12-02
3
areas identified by the Parks and Recreation Department that consist of
properties located at a distance of more than eight blocks from the nearest park
and open space amenity. A park and open space amenity would need to be
developed within an eight block walking distance to conform to the Parks and
Recreation Master Plan “Eight-Block Strategy.”
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Stagecoach-Dodd
section of the Pecan Lake, Westwood, Stagecoach-Dodd Neighborhood Action
Plan. The Zoning and Land Use goal supports concentrating proposed non-
residential developments in the area bounded by I-430, Shackleford, Colonel
Glenn, and David O’Dodd Roads. The plan also lists an Action Statement of
encouraging new non-residential development to locate west of Shackleford
Road and north of David O’Dodd Road.
ANALYSIS:
The applicant’s property is located near developing commercial uses at the I-430
/ Col. Glenn Road interchange. The central location of the I-430 / Col. Glenn
Road interchange between the interchanges on I-430 at I-30 and I-630
encourages much of the development occurring west of the applicant’s property.
The neighboring development is fostering the creation of a commercial corridor
extending west from the amendment area toward the Col. Glenn and Bowman /
David O. Dodd intersection. A change to Commercial at the applicant’s property
would add an extra 10.01 + acres of land to the area already shown as
Commercial. In addition, a large portion of the land designated for Commercial
and Mixed Office Commercial at the I-430 / Col. Glenn Road interchange
remains undeveloped.
This amendment would decrease the area shown as Light Industrial. Although
much of the area shown as Light Industrial remains undeveloped, the existing
Light Industrial uses cover large tracts of land. Light Industrial uses also require
easy access to transportation facilities, which is currently provided by I-430, Col.
Glenn, Shackleford Road and Talley Road. The Light Industrial area is buffered
from less intense uses to the east with a strip of Park / Open Space along Brodie
Creek. A change to Commercial would reduce a prime area for Light Industrial
development.
December 18, 2003
ITEM NO.: C (Cont.) FILE NO.: LU03-12-02
4
Industrial and Light Industrial areas are needed in the city. The Industrial areas
are listed in order of decreasing size are located at the Port; 65th Street and
Scott Hamilton; Asher Avenue; and the Airport. Light Industrial areas are listed
in order of decreasing size are located at Otter Creek, the Airport, the
Shackleford Road corridor and at Sibley Hole and I-30. This Shackleford
corridor of Light Industrial provides employment opportunities with easy access
to a freeway. It can provide an option to the Industrial and Light Industrial which
are located in other parts of town and an option that is the closest to the fast
growing sections of northwest Little Rock.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:
Meadowcliff/Brookwood Neighborhood Association, Pecan Lake Property
Owners Association, South Brookwood Ponderosa, Stagecoach-Dodd
Neighborhood Association, Tall Timber Homeowners Association, Westwood
Neighborhood Association, Neighborhood Connections, SW Little Rock UP,
WCLR Coalition of Neighborhoods, John Barrow Neighborhood Association,
Kensington Place Property Owners Association, and Westbrook Neighborhood
Association. Staff has received no comments from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate. This change would reduce an area
that is well suited for Light Industrial development and add to undeveloped areas
shown as Commercial.
PLANNING COMMISSION ACTION: (October 30, 2003)
The item was placed on the consent agenda for deferral to the December 18,
2003 Planning Commission meeting. A motion was made to wavier the by-laws
for a five-day notice to defer prior to the Planning Commission meeting. That
motion was made and approved with a vote of 9 ayes, 0 noes, and 2 absent. A
motion was made to approve the consent agenda and was approved with a vote
of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION: (December 18, 2003)
The item was placed on the consent agenda for withdrawal. A motion was made
to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes
and 0 absent.
December 18, 2003
ITEM NO.: D FILE NO.: Z-7508
Owner: Virginia F. Unser
Applicant: Virginia F. Unser
Location: Southeast corner of Colonel Glenn Road and
Talley Road
Area: 5 acres
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Single Family Residential
(two single family residences)
SURROUNDING LAND USE AND ZONING
North – Office/warehouse uses; zoned I-1
South – Undeveloped; zoned R-2
East – Undeveloped; zoned R-2
West – Commercial subdivision (currently under development); zoned C-3
A. PUBLIC WORKS COMMENTS:
1. Colonel Glenn Road is classified on the Master Street Plan as a
principal arterial. Dedication of right-of-way to 55 feet from centerline
will be required.
2. The proposed land use would classify Talley Road on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet
from centerline.
3. A 20 foot radial dedication of right-of-way is required at the intersection
of Talley and Colonel Glenn Roads.
4. A grading permit in accordance with section 29-186(c) and (d) will be
required prior to any land clearing or grading activities at the site. Site
grading, and drainage plans will need to be submitted and approved
December 18, 2003
ITEM NO.: D (Cont.) FILE NO.: Z-7508
2
prior to the start of construction.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route. CATA Bus Route #14
(Rosedale Route) is located to the east along Colonel Glenn and
Shackleford Roads.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
located within 300 feet who could be identified, and the John Barrow and
SWLR United for Progress Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street – West Planning District. The
Land Use Plan shows Light Industrial for this property. The applicant has
applied for C-3 General Commercial for commercial development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Stagecoach-Dodd
section of the Pecan Lake, Westwood, Stagecoach-Dodd Neighborhood
Action Plan. The Zoning and Land Use goal supports concentrating
proposed non-residential developments in the area bounded by I-430,
Shackleford, Colonel Glenn, and David O Dodd Roads. The plan also
lists an Action Statement of encouraging new non-residential development
to locate west of Shackleford Road and north of David O Dodd Road.
E. STAFF ANALYSIS:
Virginia F. Unser, owner of the 5-acre tract located at the southeast corner
of Colonel Glenn Road and Talley Road, is requesting to rezone the
property from “R-2” Single Family District to “C-3” General Commercial
District. The rezoning is proposed for future commercial development.
There are currently two (2) single family homes on the property, one (1) at
the northwest corner of the property and one (1) at the property’s
southwest corner. The remainder of the property is undeveloped and
tree-covered.
December 18, 2003
ITEM NO.: D (Cont.) FILE NO.: Z-7508
3
The general area contains a mixture of uses and a large amount of
undeveloped property. There are office/warehouse uses across Colonel
Glenn Road to the north, with the Clear Channel facility and a new
Wendy’s restaurant to the northwest. There is undeveloped R-2 zoned
property immediately east and south of the property. There are industrial
uses further east and south along Shackleford Road. There is a
commercial subdivision under development (site work only) across Talley
Road to the west.
The City’s Future Land Use Plan designates this property as Light
Industrial. The applicant has filed a land use plan amendment for a
change to commercial which is Item 10. on this agenda.
Staff does not support the requested rezoning to C-3. Staff feels that a
rezoning of this property to commercial is premature, given the large
amount of undeveloped commercial property (zoned C-2, C-3 and C-4) to
the west, at the intersection of I-430 and Colonel Glenn Road. The
property is part of a large light industrial corridor along Shackleford Road
as shown on the City’s Future Land Use Plan. Although a future rezoning
of this property could be a viable option, staff feels that the removal of the
property from the light industrial corridor is inappropriate at this time.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested rezoning to C-3.
PLANNING COMMISSION ACTION: (OCTOBER 30, 2003)
Staff informed the Commission that the applicant submitted a letter on
October 30, 2003 requesting that the application be deferred to the December 18,
2003 agenda. Staff supported the deferral request.
With a vote of 9 ayes, 0 nays and 2 absent, the Commission waived their bylaws
and accepted the deferral request being less than five (5) days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the December 18, 2003 Agenda. A motion
to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and
2 absent. The application was deferred.
December 18, 2003
ITEM NO.: D (Cont.) FILE NO.: Z-7508
4
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Staff informed the Commission that the applicant submitted a letter requesting
that the application be withdrawn, without prejudice. Staff supported the
withdrawal request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal, without prejudice. A motion to that effect was
made. The motion passed by a vote of 11 ayes and 0 nays. The application
was withdrawn.
December 18, 2003
ITEM NO.: 1 FILE NO.: Z-7143-B
NAME: Web Communications – Tower Use Permit
LOCATION: 17109 Cooper Orbit Road
OWNER/APPLICANT: Edwin Ross/Dan French, Web Communications
PROPOSAL: A tower use permit is requested to allow the height of
this existing wireless communication facility with
support structure (monopole cellular tower) to be
increased from 150 feet to 199 feet. The property is
zoned R-2.
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the 38-acre parent tract, all
residents within 300 feet who could be identified and the Spring Valley Manor
Property Owner’s Association were notified of this request. As of this writing,
staff has received no comments.
STAFF ANALYSIS:
The Wireless Communication Facility (WCF) located at 17109 Cooper Orbit
Road consists of a 100’ X 100’ lease area within an otherwise undeveloped 38±
acre tract. The site is located south of the Spring Valley Manor Addition and
west of the former Brodie Creek PRD, most of which is now being developed as
the Woodlands Edge Subdivision. The property is located outside of the
corporate city limits but within the City’s extraterritorial jurisdiction. Access to the
WCF is via a gravel road located within an ingress-egress easement off of
Cooper Orbit Road.
The WCF lease area contains a 150-foot tall monopole tower and shelters and
equipment for two wireless carriers. The WCF was first approved on January 8,
2002. It was approved at staff level because the proposed WCF complied with
all regulations for tower height, setbacks, landscaping and screening. The initial
approval included one wireless carrier. On April 2, 2003, staff approved the
addition of the second carrier. There was no change in the site other than for the
addition of the second carrier’s equipment shelter and antennae.
The owner of the tower and primary leaseholder of the WCF site is now
requesting to increase the height of the tower to 199 feet. The stated cause for
extending the tower height is due to several wireless carriers requesting
collocation on the tower. The requested elevation for the new carriers’ antennae
is higher than the tower’s current height.
December 18, 2003
ITEM NO.: 1 (Cont.) FILE NO.: Z-7143-B
2
A tower use permit through the Planning Commission is required for two
reasons. The proposed height of 199 feet exceeds the maximum allowable
height of 150 feet established in Section 36-593(a)(2) of the code. The tower will
have a setback of 165.14 feet from the undeveloped, PRD zoned residential
property to the east. Section 36-593(b)(3) requires a setback from residential
properties at least the height of the tower.
Staff is supportive of the requested Tower Use Permit. The WCF site is isolated
and allowing the increased height should not impact any nearby properties. The
tower located 283.59 feet from the property line on the north, 165.14 feet from
the property line on the east, 1,073.53 feet from the south property line and
1,139.55 feet from the western property line. The PRD zoned property to the
east is undeveloped and wooded. It is a remnant of the Brodie Creek PRD, most
of which has been rezoned to R-2 and is being developed as Woodlands Edge
Subdivision. This adjacent PRD remnant will likely be rezoned to R-2 at some
point in the future. The 283.59 feet portion of the parent tract separating the
WCF from the properties to the north is undeveloped and wooded. The homes
in Spring Valley Manor adjacent to this tract are located on deep lots and appear
to be another 150± feet away from the common property line. Allowing this
isolated tower to be increased to 199 feet in height could help reduce the
likelihood of a separate tower being needed for carriers serving customers in the
area.
The site is located outside of the city limits so no building permit will be obtained.
Since access to the site is limited, staff will request that the applicant provide the
opportunity for an inspection of the site in conjunction with the project to assure
that all required landscaping and screening is still in place. This property is not
covered by a bill of assurance.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003)
The applicant was not present. Staff informed the Committee that there were
no issues and the applicant, who lives in Plano, Texas, was advised that it was
not necessary to attend. Staff noted the request for a site inspection. The
Committee then forwarded the item to the full Commission.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Tower Use Permit subject to
compliance with the following conditions:
1. Compliance with the landscape and screening requirements for wireless
communication facilities established in Section 36-593 of the code.
December 18, 2003
ITEM NO.: 1 (Cont.) FILE NO.: Z-7143-B
3
2. The applicant must coordinate a site inspection with staff in conjunction with
this project to assure that all landscape and screening requirements are in
place.
3. Compliance with any applicable FAA requirements.
Staff recommends approval of the requested tower height and setback
variances.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Don French, the applicant, was present. There were no objectors present. Staff
presented the item and a recommendation of approval subject to compliance
with the conditions outlined above. Mr. French initially expressed a desire to
request a waiver of the landscape requirements. When told that such a request
would require deferring the item to the February 12, 2004 meeting, Mr. French
recanted and stated he would agree to staff conditions, with no landscape
waiver.
The item was then placed on the Consent Agenda and approved as
recommended by staff; including the height and setback variances. The vote
was 11 ayes, 0 noes and 0 absent.
December 18, 2003
ITEM NO.: 2 FILE NO.: Z-7546
NAME: Mt. Harmony Baptist Church – Conditional Use Permit
LOCATION: 1224 Chester Street
OWNER/APPLICANT: Mt. Harmony Baptist Church/Terry Burruss
PROPOSAL: A conditional use permit is requested to allow for the
addition of a fellowship hall, classrooms and offices
onto this existing church. The property is zoned R-4.
1. SITE LOCATION:
The church is located on the northwest corner of Chester and West 13th
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The church is located in an area of mixed uses and zoning. The
remainder of the block to the north of the church is occupied by a funeral
home, on R-4, O-1 and O-3 zoned properties. Philander Smith College
occupies numerous blocks of R-4 and Capitol Zoning District properties
across Chester Street to the east. Various nonresidential uses including
Loomis Fargo, Catherine’s House, Global Manufacturing, a church and
Philander Smith parking occupy the properties to the south. A vacant
residential lot is adjacent to the west. A commercial building, another
church and a single family neighborhood are located farther to the west.
The proposed expansion should not affect the church’s continued
compatibility with the neighborhood.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Downtown Neighborhood
Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The existing church has a seating capacity of 213 persons in the
sanctuary; 176 in the congregation and 37 in the choir/altar area. The
parking requirement is 42 spaces for churches built prior to November 1,
1988. The church currently has no on-site parking but has agreements for
use of neighboring businesses’ parking on Sundays. Since the seating
capacity of the sanctuary will not be increased as a result of this
expansion, no additional parking is required.
December 18, 2003
ITEM NO.: 2 (Cont.) FILE NO.: Z-7546
2
4. SCREENING AND BUFFERS:
Compliance with the City’s Landscape and Buffer Ordinances is required.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall, or dense evergreen plantings is required to help
screen this site from the residential property to the west.
The proposed sidewalk intrudes one (1) and nine (9) inches into the
required minimum six (6) foot nine (9) inch wide land use buffer along the
western perimeter. This takes into account the reduction allowed within
the designated mature area of the city.
5. PUBLIC WORKS COMMENTS:
1. With building permit, repair or replace any curb and gutter or sidewalk
that is damaged in the public right-of-way prior to occupancy.
2. Sidewalks with appropriate handicap ramps are required in
accordance with Section 31-175 of the Little Rock Code and the
Master Street Plan. Sidewalk to be located at back of curb on 13th
Street.
3. Plans of all work in right-of-way shall be submitted for approval prior to
start of work. Obtain barricade permit prior to doing any work in the
right-of-way from Traffic Engineering at (501) 379-1817 (Derrick
Bergfield).
4. Radial right-of-way dedication is required at the intersection of West
13th and Chester Streets.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: SBC notes facilities will have to be rerouted at the
applicant’s expense.
Water: Contact Central Arkansas Water regarding backflow prevention
requirements and if larger or additional meter(s) are required.
December 18, 2003
ITEM NO.: 2 (Cont.) FILE NO.: Z-7546
3
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: No Comments received. The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003)
Terry Burruss was present representing the application. Staff presented the item
and noted some additional information was needed; including building materials,
sanctuary seating, fencing and parking agreements. Staff noted that the
sidewalk on the west end of the addition intruded into the required buffer
separating this site from the vacant lot to the west. The applicant explained that
the church hoped to acquire this vacant lot in the near future. The Committee
determined it would be appropriate to grant a variance to allow the sidewalk.
Public Works and Utility Comments were discussed. The applicant stated the
utility concerns regarding the overhead line that traverses the location of the
proposed addition would be resolved prior to a building permit being requested.
The applicant was advised to respond to staff concerns by Wednesday
November 26, 2003. The Committee determined there were no other issues and
forwarded the item to the full Commission.
STAFF ANALYSIS:
Mt. Harmony Baptist Church occupies the one-story brick and frame building
located on the R-4 zoned property at 1224 Chester Street. The church has been
at this location for many years and is nonconforming. The church has no on-site
parking but has agreements with area businesses for use of their parking lots on
Sundays. The church has acquired the property adjacent to the west and
proposes to construct a two-phased addition. Phase I will consist of a 2,754
square foot (51’ X 54’) addition containing a fellowship hall and administrative
offices. Phase II is an additional 1,377 square feet (27’ X 51’) containing
classroom space. The overall slab (51’ X 81’) will be poured with Phase I
creating a porch area that will be enclosed under Phase II. The proposed
addition will be a pre-engineered steel frame with a metal roof (12 foot eave
height, 4/12 roof slope). The south elevation will have a brick veneer. The north
elevation will be metal siding (a brick ledge will be provided for future installation
of brick). An existing 6 foot wood fence and an opaque fence and shrubs are
located along the north and west property lines respectively. The sanctuary area
will not be increased in size nor seating capacity as a result of the proposed
addition. The applicant has not submitted a signage or lighting plan. Signage
should be limited to that allowed in office/institutional zones; 1 wall sign and 1
ground-mounted sign (6 foot in height and 64 square feet in area). Lighting
December 18, 2003
ITEM NO.: 2 (Cont.) FILE NO.: Z-7546
4
should be shielded downward and inward to the site.
The required land use buffer on the west perimeter is 6’9”. Although the building
itself maintains a 9 foot setback, a proposed sidewalk intrudes into a portion of
the buffer, resulting in the buffer being reduced to 5 feet at that point. The
adjacent residential property is vacant and the church hopes to purchase it in the
near future. In the meantime, screening is provided by an existing opaque fence
and shrubbery. There is no valid bill of assurance.
The church is requesting a 2-year deferral of the requirement to construct the
required sidewalk along West 13th Street. Staff is supportive of the deferral for
two years or until Phase II is constructed, whichever occurs first.
Staff is supportive of the requested conditional use permit. This church has
been a part of this community for many years. Allowing construction of the
fellowship hall, classroom, and office addition will not affect the church’s
continued compatibility with uses and zoning in the area. No additional activities
such as day care or private school are requested.
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 the Staff Report.
2. Site lighting is to be shielded downward and inward to the site.
3. Signage is to be limited to that allowed in office/institutional zones; one wall
mounted sign and one ground-mounted sign not to exceed 6 feet in height
and 64 square feet in area.
4. Written agreements from nearby businesses are to be provided showing that
the church has permission to use their parking lots on Sundays.
Staff recommends approval of the requested reduced buffer on the west
perimeter subject to required screening.
Staff recommends approval of a deferral of the requirement to install a sidewalk
on the West 13th Street frontage for 2 years from the issuance of a certificate of
occupancy for Phase I or until Phase II, whichever occurs first.
December 18, 2003
ITEM NO.: 2 (Cont.) FILE NO.: Z-7546
5
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Terry Burruss was present representing the application. There were no
objectors present. Staff presented the item and a recommendation of approval
subject to compliance with the conditions outlined in the “Staff Recommendation”
above. There was no further discussion.
The item was placed on the Consent Agenda and approved as recommended
by staff; including the sidewalk deferral. The vote was 11 ayes, 0 noes and
0 absent.
December 18, 2003
ITEM NO.: 3 FILE NO.: Z-7547
NAME: The House of OBED –Conditional Use Permit
LOCATION: 8223 West 39th Street
OWNER/APPLICANT: Emanuel and Evirta Thompson
PROPOSAL: A conditional use permit is requested to allow the use
of this existing residence as a transitional living facility
for 6 to 12 individuals. The property is zoned R-3.
1. SITE LOCATION:
The property is located at the southeast corner of West 39th and Zion
Streets, in the John Barrow Neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
All surrounding properties are zoned R-3 single-family residential. Several
of the nearby lots are undeveloped although most of the properties
contain single family homes. A city park is located one block to the
northeast. In 1988, the Commission approved a PRD for a 16 lot “patio
home” development for the block north of West 38th and east of Cobb
Street. The PRD was never pursued to the Board. The immediate
residential neighborhood is fragile and staff is concerned that inserting a
use such as this into the neighborhood could have a detrimental effect on
the area. Staff does not believe the proposed use is compatible with uses
in the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the John Barrow
Neighborhood Association were notified of this request.
3. ON SITE DRIVES AND PARKING:
The site contains a gravel driveway and a carport which is wide enough
for one vehicle. The applicant states there will only be two vehicles on the
site most of the time; a “house” vehicle and the resident manager’s
vehicle. On Tuesday and Thursday nights, group meetings will be held
and counselors will come to the site. Their two vehicles are proposed to
be parked in the yard next to the carport/driveway.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
2
4. SCREENING AND BUFFERS:
Development of any new vehicular use areas will require compliance with
the City’s Landscape Ordinance.
A six (6) foot high opaque screen, either a wooden fence with its face side
directed outward, a wall or dense evergreen plantings are required along
the eastern and southern perimeters of the site.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: No Comments received.
CenterPoint Energy: No Comments received.
Southwestern Bell: Approved as submitted.
Water: Contact Central Arkansas Water regarding backflow prevention
requirements and if larger or additional meter(s) are required. ¾ - inch
is the largest meter available off the existing main. Also contact
Central Arkansas Water to have the rate on the water account
changed to commercial, if this property is converted to commercial
use.
Fire Department: Approved as submitted.
County Planning: No Comments.
CATA: No Comments received. A CATA bus route is indicated along
Asher Avenue, 6 blocks to the south; along Potter and Katherine Streets,
3 blocks to the east; and along 36th Street, 3 blocks to the north.
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003)
The applicants, Emanuel and Evirta Thompson, were present. Staff presented
the item and noted additional information was needed on operation of the facility
and number of clients. Staff questioned what other activities would be
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
3
conducted at the facility, other than housing. Staff asked what the average
length of stay would be and if the 4 employees would be officed at this site. Staff
asked for details on any proposed fencing and signage. Staff noted that the
structure would have to be remodeled to comply with Building Code
requirements for this type of occupancy. The applicant was asked to provide
information on the number of vehicles that would be parked at the site. Utility
and Landscape Comments were presented. The applicants were advised to
respond to staff issues by November 26, 2003.
The Committee determined there were no other issues and forwarded the item to
the full Commission.
STAFF ANALYSIS:
The R-3 zoned property located at 8223 West 39th Street is occupied by a
one-story, frame, single-family residential structure. The structure is
approximately 1,616 square feet in size and has an attached, one-car carport.
A gravel driveway provides access from West 39th Street. The house contains
5 bedrooms, 2 full bathrooms, a kitchen, utility room and dining room/living room
combination. A 6-foot tall wood privacy fence is located along the rear property
line and a 5± foot wire fence is located along the west property line. Both fences
are on the adjacent properties. West 39th Street is a narrow, unimproved,
chip-seal street with open drainage along the south side. The property is located
in a neighborhood that is exclusively single family residential in the vicinity of this
property. A city park is located one block to the northeast. A vacant lot is
adjacent to the east and several blocks of undeveloped, wooded properties
extend to the west of the site. Occupied, single-family homes are located across
West 39th Street to the north as well as adjacent to the south.
The applicant has submitted a proposal to utilize the property, as is, for a
transitional housing facility for parolees coming out of the Arkansas Department
of Corrections. On September 16, 2003, the Board of Directors passed
Ordinance No. 18,939 requiring homeless shelters and facilities which provide
residential treatment or temporary housing to obtain a conditional use permit
prior to locating in any zone of the City’s jurisdiction. That ordinance established
the following criteria for the Planning Commission’s review of such applications:
(14) Separation, spacing and procedural requirements for
homeless shelters and establishments of a religious,
charitable or philanthropic organization or establishment for
the care of alcoholic, narcotic or psychiatric patients which
provide residential treatment or temporary housing will be
determined by the Planning Commission so as not to
adversely impact the surrounding properties and
neighborhood. Unless the Commission determines that a
different area is more appropriate, a neighborhood shall be
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
4
defined as an area incorporating all properties lying within
1,500 feet of the site for which the permit is requested. In
addition to the development standards and review guidelines
established in Section 36-107. of this chapter, issues that
the planning commission will consider during its review of
such facilities include, but are not limited to:
a) Spacing of existing similar facilities
b) Existing zoning and land use pattern
c) The maximum number of individuals proposed to be
served, the number of employees proposed and type
of services being proposed.
d) Provisions for readily accessible public or quasi-public
transportation
e) Access to support services such as social services
agencies, employment agencies and medical service
providers
The applicant has submitted the following information in support of the proposal.
APPLICANT’S PROPOSAL
We are requesting a waiver from the R-3 zoning code in
order to institute a housing facility for the Arkansas Department of
Correction parolees.
This Facility (housing) is located at 8223 W. 39th, Little Rock,
AR 72205. This program will focus on after care services. This
structured program will focus on providing the parolees with
available resources and life skills. Also, the after care services will
be provided by assisting the paroles with the transit system, living
skills, counseling, anger management, social skills, criminal
thinking errors including positive mind set, groups.
The House of OBED will assist its clients in their efforts to be
free of drugs, alcohol and criminal thinking by providing a
structured environment with placing emphasis on work ethics,
respect, discipline, morals and values, with an atmosphere of
dignity and integrity.
There are no plans for any physical changes to the property
of The House of OBED. If for some reason a client leaves The
House of OBED, during the night no staff will call the local law
enforcement, but will notify his parole officer.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
5
The House of OBED has four (4) employees. Our
Administrator Assistant is (Biaca Bush) who has an Associate
Degree in Business Science/Computer Information Systems. Also
she has ten (10) years clerical experience. The Program Manager
(Juanice Bush-Thompson) has B.S./BAE, Secondary Education,
with eighteen (18) hours toward a Master of Psychology and
27 years experience in juvenile corrections and management. The
Director is (Evirta Thompson) who has a degree in Business
Education, she has eighteen (18) hours toward a Master in
Learning Disabilities and 27 years experience in juvenile
corrections/teaching. The Executive Director is (Emanuel
Thompson) who has a degree in Elementary Education/BS and
thirteen (13) years experience teaching, six (6) years experience in
juvenile corrections. The Residential Manager (House man) will be
appointed.
The House of OBED has a car that is used to transport
clients to medical appointments, jobs during the hours that buses
are not running; to get the proper ID that’s needed, to buy food; two
(2) clients will be assigned to drive the car (with valid Arkansas
license) everyone will not drive the car.
These resources will provide the necessary tools to
acclimate the parolees back into society and the community.
The following documentation will be used to insure
professionalism and to guide the parolees in their transition.
A. Handbook which contains the rules, guide lines and
goals;
B. House cleaning schedules;
C. Request for passes;
D. Lease agreement;
E. Sign in/out documents;
F. Training/group documents;
G. Receipts for rent;
H. Folder documentation on each client;
I. Car log: including drivers, mileage time, etc.;
J. Head count document (early morning/curfew);
K. Transit schedules for buses.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
6
This addendum is in reference to the planning staff
comments at the meeting dated November 20, 2003, concerning
THE HOUSE OF OBED.
1. The number of clients living in the facility will be ten (10)
no more than (12) twelve and no less than (6) six. The
average length stay will be (6) six months at THE
HOUSE OF OBED.
2. There will be NO services provided to individuals other
than those living at the Facility.
3. The (4) four employees listed on the letter will not be
located at this facility. There is no office in the facility.
The office for THE HOUSE OF OBED is located at 1906
Breckenridge Dr. Little Rock, Arkansas.
4. There are (5) five bedrooms in THE HOUSE OF OBED.
(1) one large master bedroom will house (3) three men;
one bedroom which is almost as large as the master
suite will house (2) two men; The (3) third bedroom will
house (2) two men; The (4) fourth bedroom will house (2)
two men; The (5) fifth room will house the house
manager. There are (2) two full baths, both with showers
and tubs. There is one (1) kitchen furnished with
refrigerator, oven, microwave, coffee pot, etc. The utility
room is furnished with a washer and dryer. This room is
located in the hall between the kitchen and one of the
bedrooms. There is a living room furnished with (2) two
sofas and (1) sitting chair, coffee table, lamp, floor T.V.
etc. The dining room is connected to the living room
area. This room is separated by the tile floor and a
wooden balancer. It is furnished with table and chairs.
5. There are NO parking needs at this time. THE HOUSE
OF OBED car and the Residential Manager’s car are the
only vehicles that will reside at THE HOUSE OF OBED.
Minister Lamont Aikens is the overseer and he works
during the day. Minister Aikens is not associated with
D.O.C. He is helping THE HOUSE OF OBED with the
outreach ministry. He is one of the Ministers with the
Covenant of Zion Church along with myself, Evirta
Thompson; Emanuel Thompson; Juanice Bush and
Biaca Bush, all are staff with THE HOUSE OF OBED.
Dr. Charles E. Williams is our Ecclestical Covering
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
7
located at 3023 West 12th Street in Little Rock, Arkansas.
On Tuesday and Thursday nights we will have our
meetings. At this time there will be (4) four cars on the
premises (2) two of these will fit under the carport and (2)
will fit in the yard next to the carport. At NO time will cars
be parked on the street. The street is very narrow.
6. We have not proposed to replace fencing. The back of
the yard has a wooden privacy fence that appears (6) six
feet tall. There is a chain wire fence connected to the
wooden fence running down the right side of the property
which separates the property lines. There is no fence on
the left side of house, only a vacant lot. The wire fence
is about (5) five feet tall.
7. There is NO proposed signage there will be NO signs
placed on the property or in the yard at any time. (We
have placed the fluorescent green sign on the house for
NOTIFICATION PURPOSES.
______________________________________________________
Staff is not supportive of the proposed use. With few exceptions, the
surrounding neighborhood is entirely single family residential; either single family
homes or vacant, single family lots. The exceptions within the 1,500 foot radius
are a city park, 3 small churches, a corner of the I-2 zoned former Borden Dairy
plant, a portion of a vacant, MF-12 zoned tract and a portion of an as-yet
undeveloped, POD zoned church site. The I-2, MF-12 and POD zoned
properties are located along Asher Avenue and John Barrow Road. There do
not appear to be any similar facilities within the defined “neighborhood” but
Sober Living, Inc., a residential drug and alcohol treatment facility, is located just
outside of that perimeter, at 42nd and John Barrow. Residents of this proposed
facility will not drive but rather, must depend on the assigned driver or on bus
service which is located 3 blocks away. There is no immediate access to
support services. Twice a week, counselors will arrive at the site for meetings,
adding to the appearance of a non-residential use. Allowing the use of this
residential structure as housing for up to 12 individuals is out of character with
uses and development in the area.
STAFF RECOMMENDATION:
Staff recommends denial of the application.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
8
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The applicants, Emanuel and Evirta Thompson, were present. There were
several objectors present. A letter of opposition had been received from the
John Barrow Neighborhood Association. Staff presented the item and a
recommendation of denial.
Emanuel Thompson addressed the Commission. He stated his was a
Christian-based outreach program which was trying to provide its clients a
structured program with an emphasis on work ethics, dignity, values and morals.
Evirta Thompson stated The House of OBED was a faith-based organization
designed to help persons coming out of the Department of Correction. She
stated the organization was very structured. Ms. Thompson stated counselors
would meet with the clients twice a week and would help them find jobs.
Dr. Charles Williams, of Trumpet of Zion Church, described the use as a
ministry. He spoke of the values of democracy, freedom and liberties.
Dr. Williams stated The House of OBED would take no violent offenders or
pedophiles. He stated the program was an outreach of his church. He stated
the clients of The House of OBED were persons that deserved a second chance.
Dr. Williams stated he had attended a meeting of the John Barrow Neighborhood
Association and described it as “hostile”.
Commissioner Lowry stated that the ministry was well intentioned and good but
the Commission must consider the effect it might have on the neighbors. He
asked the applicant to provide more information about the program’s structure.
Evirta Thompson stated clients must seek employment, attend church, maintain
the premises and attend twice-a-week meetings. Dr. Williams interjected that
the clients are constantly monitored.
Commissioner Adcock asked the applicant to define “non-violent” as it pertains to
the residents. Dr. Williams responded that the residents would be non-“Y” felony
offenders.
During the following discussion, the applicants explained how they had begun
operation of the program without first receiving approval from the City. The
applicants stated that once they were informed that they were in violation, they
moved the residents out of the house.
Commissioner Rector stated the Commission must determine if this is the proper
location for the proposed use.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
9
Commissioner Adcock asked why this particular site was chosen. Dr. Williams
responded that drug use was prevalent in the area and it was felt that The House
of OBED could be a positive influence on the neighborhood.
In response to a question from Commissioner Allen, Ms. Thompson outlined the
experience she and Mr. Thompson had as counselors and teachers. Commissioner
Allen asked what qualification the house manager had. Dr. Williams responded
that the house manager had “street-wise” experience.
There was a brief discussion of the City of Faith correctional facility, located on
S. Garfield Street, and its relationship to a nearby neighborhood.
Commissioner Meyer asked if the number of residents could be reduced to make
the use more acceptable. Dr. Williams responded by speaking again of the need
for the service.
Ms. Venda Houston, of 8320 West 39th Street, spoke in opposition. She voiced
concerns about safety and suggested the applicants put the facility in their own
neighborhood.
Greg Durham, of 23605 Colonel Glenn Road, stated the house was too small
and questioned whether the structure complied with building codes. He noted
the substandard condition of West 39th Street. Mr. Durham stated the
neighborhood had worked to eliminate the drug problem in the area. He stated
he was sure the residents of the neighborhood loved America much as the
applicant and they had the right to oppose this change.
Allene Junior, of 3810 Zion Street, stated she worked with prisoners and did not
want to live with them in the neighborhood.
Nettie Smith, of 3909 Cobb Street, stated she had lived in the neighborhood
since 1947 and the applicant did not have the courtesy to speak with the
neighborhood residents.
Doris Wright, president of the John Barrow Neighborhood Association, spoke in
opposition. She made reference to the Neighborhood Action Plan. Ms. Wright
noted the presence of the Sober Living facility in the neighborhood. She stated
the residents of the neighborhood were compassionate people. Ms. Wright
stated the residents of the neighborhood were not hostile at the neighborhood
association meeting referenced by Dr. Williams. She stated accusations had
been made about the Association and the residents had been vilified on the
radio. Ms. Wright stated the neighborhood had the right to oppose the
application. She also suggested that Dr. Williams locate the facility in his own
neighborhood.
December 18, 2003
ITEM NO.: 3 (Cont.) FILE NO.: Z-7547
10
Ruth Bell, of the League of Women Voters of Pulaski County, stated the problem
was the sheer number of persons proposed to live in the facility.
Myra Durham, of 23605 Colonel Glenn Road, stated her mother lived next door
to the proposed facility. She stated Dr. W illiams could help the neighborhood by
putting in a recreational facility for young people.
Dr. Williams responded by stating that the statements made by the opponents
were fabrications.
Commissioner Williams asked if the applicant would be willing to reduce the
number of persons living in the facility. He noted the definition of “family”
indicated up to 4 unrelated persons sharing a home. Dr. Williams stated he
would be willing to consider such.
A motion was then made to approve the application, as filed. The motion was
seconded. The vote was 0 ayes, 11 noes and 0 absent. The motion failed.
December 18, 2003
ITEM NO.: 4 FILE NO.: Z-7543
Name: O’Donnell Day Care Family Home – Special Use Permit
Location: 25 Overby Circle
Applicant: Linda O’Donnell
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 25 Overby Circle.
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents located
within 300 feet who could be identified, and the Treasure Hills Neighborhood
Association were notified of the public hearing.
STAFF ANALYSIS:
25 Overby Circle is located on the south side of Overby Circle east of Vinson
Street, within the Treasure Hills Subdivision. All surrounding properties are
zoned R-2 and contain single family residences. There is a mixture of
commercial uses along Rodney Parham Road to the north and east.
The applicant’s home is a two-story brick and frame structure and is typical of
those in the general area. There is a two-car driveway from Overby Circle, with
parking for at least four vehicles. The rear yard is fenced and provides a safe
play area. The applicant proposes to operate the day care from 9:00 a.m. to
2:00 p.m., Monday through Thursday. The applicant has noted that she has no
employees.
The applicant has operated a day care family home at this address for 7 ½
years. The applicant has noted that she currently cares for 10 children. The
applicant has also noted that most of the children she cares for live in nearby
surrounding neighborhoods.
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 licensed by the State Department of Human Services. The
applicant submitted a copy of the Bill of Assurance for this neighborhood which
was recorded in 1965 and appears to still be in effect. The Bill of Assurance
contains the following language:
“I. Except for Park Tracts A and B which are to be used by
owners of lots in all sections of Treasure Hills Subdivision, their
December 18, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z-7543
2
guests and others having their permission, for recreational
purposes; lots in this Section 3 may be used only for residential
purposes. No building shall be, erected, altered, placed or
permitted to remain on such residential lot other than and single
family dwelling not to exceed two and one-half stories in height
and a private garage for not more than two cars.”
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the
site and location criteria for day care family homes as follows:
a. This use may be located only in a single family home, occupied by the care
giver.
b. Must be operated within licensing procedures established by the State of
Arkansas. State regulations shall control the number of employees residing
off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day care
centers are not allowed by right.
Special Use Permits are not transferable in any manner. Permits cannot be
transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area. To staff’s knowledge, no
complaints from neighbors have been received as long as the day care use has
been located on the property (7 ½ years).
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 25 Overby Circle, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-light
hours.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Staff informed the Commission that the applicant had requested the application
to be deferred to the February 12, 2004 Agenda, due to the fact that she became
December 18, 2003
ITEM NO.: 4 (Cont.) FILE NO.: Z-7543
3
aware of a petition of opposition on the date of the public hearing. Staff noted
that the applicant wished to have a neighborhood meeting with the opposition.
Staff supported the deferral request.
With a vote of 11 ayes and 0 nays, the Commission voted to waive their bylaws
and accept the deferral request being less than five (5) days prior to the public
hearing.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred.
December 18, 2003
ITEM NO.: 5 FILE NO.: Z-7544
Name: Stewart Day Care Family Home – Special Use Permit
Location: 4005 West 10th Street
Applicant: Mae Ella Stewart
Proposal: A Special Use Permit is requested to allow a Day Care
Family Home to be operated in the single family residence
located on the R-4 zoned property at 4005 West 10th Street.
STAFF NOTE:
Staff has determined that the day care use at 4005 West 10th Street does not
meet the qualifications of a day care family home/special use permit. A site
inspection and conversation with the applicant revealed that the care giver, Mae
Ella Stewart, does not live in the residential structure. Therefore, this application
must be withdrawn, and the applicant must file a conditional use permit
application for a day care center, or cease the day care use.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Staff noted that the day care use on the property does not qualify for a Special
Use Permit. Staff recommended that the application be withdrawn.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for withdrawal. A motion to that effect was made. The motion
passed by a vote of 11 ayes and 0 nays. The application was withdrawn.
December 18, 2003
ITEM NO.: 6 FILE NO.: Z-7548
Name: Brooks Day Care Family Home – Special Use Permit
Location: 6821 Fairfield Drive
Applicant: Algin Brooks
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 6821 Fairfield Drive.
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents located
within 300 feet who could be identified, and the Chicot and SWLR United for
Progress Neighborhood Associations were notified of the public hearing.
STAFF ANALYSIS:
6821 Fairfield Drive is located on the south side of Fairfield Drive, between
Dailey Drive and Warren Drive. All surrounding properties are zoned R-2 and
contain single family residences.
The applicant’s home is a one-story brick and frame structure and is typical of
those in the general area. There is a one-car driveway (with gravel extension)
from Fairfield Drive, with parking for four vehicles. The rear yard is fenced and
provides a safe play area. The applicant proposes to operate the day care from
6:00 a.m. to 7:00 p.m., Monday through Friday. The applicant notes that her two
(2) daughters will help care for the children. The applicant also notes that the
day care family home is not yet in operation at this location. The applicant is
awaiting City approval prior to opening.
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 licensed by the State Department of Human Services. The
applicant met with personnel of the Pulaski County Circuit Clerk Recorder’s
Office and was unable to locate a Bill of Assurance for this neighborhood.
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.
December 18, 2003
ITEM NO.: 6 (Cont.) FILE NO.: Z-7548
2
b. Must be operated within licensing procedures established by the State of
Arkansas. State regulations shall control the number of employees residing
off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day care
centers are not allowed by right.
Special Use Permits are not transferable in any manner. Permits cannot be
transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 6821 Fairfield Drive, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-light
hours.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Staff informed the Commission that the applicant notified several of the
surrounding property owners several days late. Staff suggested that the
application be deferred to the February 12, 2004 Agenda.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred. Staff noted that the applicant would need to re-notify
the surrounding property owners.
December 18, 2003
ITEM NO.: 7 FILE NO.: G-23-331
Name: Mary Street, Brack Avenue, Carl Street, Lucie Avenue and
Alley Right-of-Way Abandonments
Location: North of Asher Avenue to Lucie Avenue, west of
S. Monroe Street
Owner/Applicant: Various Abutting Owners/Kaufman Lumber Co. by
White-Daters and Associates
Request: To abandon portions of the following rights-of-way:
• Mary Street – between Asher Avenue and Lucie Avenue
• Brack Avenue – between Mary Street and S. Monroe
Street
• Carl Street – between Brack Avenue and Lucie Avenue
• Lucie Avenue – between Mary Street and Carl Street
• Alley Right-of-Way – within Block 25, Brack Addition
(between Brack Avenue and Lucie Avenue)
STAFF REVIEW:
A. Public Need for these Rights-of-Way:
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 Comments are as follows:
1. Public Works has no objection to the proposed street closures.
Drainage easements need to be maintained in the former rights-of-way
to convey storm water from adjacent property.
B. Master Street Plan:
The Master Street Plan classifies Mary Street, Brack Avenue, Carl Street
and Lucie Avenue as local streets. Abandonment of these rights-of-way
will not adversely affect the Master Street Plan, as they are not classified
as collector streets or higher.
December 18, 2003
ITEM NO.: 7 (Cont.) FILE NO.: G-23-331
2
C. Characteristics of Right-of-Way Terrain:
Mary Street between Asher Avenue and Lucie Avenue is a narrow paved
street with some curbs and gutters. Brack Avenue, Carl Street and Lucie
Avenue are also narrow paved streets with open ditches. The north/south
alley right-of-way between Brack Avenue and Lucie Avenue is
undeveloped.
D. Development Potential:
Once abandoned, the areas of right-of-way will be incorporated into the
adjacent properties, and will allow the expansion of the Kaufman Lumber
Company facilities.
E. Neighborhood and Land Use Effect:
The general area is occupied by a mixture of uses and zoning. There is a
multifamily development located along the west side of Mary Street. This
development does not utilize Mary Street for access. If the
abandonments are approved, the properties to the north and west will
have direct access to Fair Park Blvd. via Lucie Avenue and West 32nd
Street. Additionally, S. Harrison Street runs north from West 32nd Street
to West 29th Street, the nearest collector street. The properties to the
east will not be affected, as they will continue to have direct access to
Asher Avenue via S. Monroe Street.
F. Neighborhood Position:
The Curran-Conway and Midway Neighborhood Associations were
notified of the abandonment request. Additionally, all abutting property
owners were notified of the request. As of this writing, staff knows of no
objection to the abandonments.
G. Effect on Public Services or Utilities:
Central Arkansas Water: Retain Mary Street, Carl Street, and Brack
Avenue rights-of-way as utility easement. There are existing public water
mains within these rights-of-way.
Little Rock Wastewater Utility:
• Lucie Street from Mary Street East to Carl Street – No objection to
abandonment but an easement must be retained for an existing 6”
main crossing Lucie Street in the middle of the block.
• Mary Street from Asher Avenue north to Lucie Street – No
objection to abandonment but an easement must be retained for an
existing 6” main crossing Mary Street in the vicinity of Brack Street.
December 18, 2003
ITEM NO.: 7 (Cont.) FILE NO.: G-23-331
3
• Brack Street from Mary Street east to S. Monroe Street – No
objection to abandonment but an easement must be retained for an
existing 6” and 8” main located in Brack Street. Minimum 10-foot
easement required.
• North South Alley running from Brack Street to Lucie Street located
in the block between Mary Street on the west and Carl Street on
the east – No objection to abandonment but an easement must be
retained for an existing 6” main located in the alley.
• Carl Street from Brack Street to Lucie Street – No objection to
abandonment but an easement must be retained for an existing 8”
main located in Carl Street in the vicinity of Brack Street.
Southwestern Bell: Before right-of-way abandonment can be approved,
Southwestern Bell would require a 10 foot easement for cable on the
north side of Brack Avenue from S. Monroe Street to Mary Street and
crossing Brack Avenue on the east side of Mary Street to the
Southwestern Bell pedestal stenciled FB 5124.
Entergy: No Comments received.
Centerpoint Energy (Arkla): No Comments received.
H. Reversionary Rights:
All reversionary rights will extend to the adjacent property owners.
I. Public Welfare and Safety Issues:
Abandoning these street and alley rights-of-way will have no adverse
affect on the public welfare and safety. The Little Rock Fire Department
has no objection to the abandonments, but notes that fire hydrants must
be placed as per city code.
STAFF RECOMMENDATION:
Staff recommends approval of the Mary Street, Brack Avenue, Carl Street, Lucie
Avenue and alley (Block 25, Brack Addition) abandonments, subject to the
following conditions:
1. The areas of abandonment must be retained as utility and drainage
easements.
2. Compliance with the comments as noted in paragraphs A, G and I of this
report.
December 18, 2003
ITEM NO.: 7 (Cont.) FILE NO.: G-23-331
4
SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003)
Joe White was present, representing the application. Staff briefly described the
proposed right-of-way abandonments. Staff explained that if the abandonments
are approved, adequate vehicular circulation and access would exist for the
properties to the north, west and east.
The Committee briefly discussed the proposed abandonments. After the
discussion, the Committee forwarded the issue to the full Commission for
resolution.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Staff informed the Commission that the applicant submitted a letter on
December 10, 2003 requesting that the application be deferred to the
February 12, 2004 agenda. Staff supported the deferral request.
The Chairman placed the item before the Commission for inclusion within the
Consent Agenda for deferral to the February 12, 2004 Agenda. A motion to that
effect was made. The motion passed by a vote of 11 ayes and 0 nays. The
application was deferred.
December 18, 2003
ITEM NO.: 8 FILE NO.: LU03-20-01
Name: Land Use Plan Amendment - Pinnacle Planning District
Location: Both sides of Chenal Parkway north of Cantrell Rd.
Request: Area 1: Single Family to Commercial; Area 2: Single Family to
Office; Area 3 Office and Single Family to Commercial; Area 4:
Single Family and Office to Multifamily; Area 7: Office to
Multifamily; Area 5: Office & Multifamily to Commercial; and Area 6:
Single Family & Multifamily to Office.
Source: Larkin Gieringer, White - Daters & Associates
PROPOSAL / REQUEST:
Land Use Plan amendment in the Pinnacle Planning District from Single Family,
Multifamily, and Office to Multifamily, Office, and Commercial.
The Multifamily category accommodates residential development of ten (10) to
thirty-six (36) dwelling units per acre. The Office category represents services
provided directly to consumers (e.g., legal, financial, medical) as well as general
offices, which support more basic economic activities. The Commercial category
includes a broad range of retail and wholesale sales of products, personal and
professional services, and general business activities. Commercial activities
vary in type and scale, depending on the trade area that they serve. The
applicant wishes to develop the property for multifamily, office and commercial
uses.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include an area shown as Office along Chenal Parkway,
adding it to Area 3 to provide street frontage to the amendment area for a
change to Commercial.
EXISTING LAND USE AND ZONING:
Area 1 (SF to C): is zoned R-2 Single Family and consists of vacant land totaling
about 3.23 acres ± in size.
Area 2 (SF to O): is zoned R-2 and consists of vacant land totaling about 7.23
acres ± in size.
Area 3 (O & SF to C): the applicant’s property is zoned R-2 and O-3 General
Office and consists of about 23.16 acres ± of vacant land.
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
2
Area 4 (SF & O to MF): is vacant land zoned R-2 Single Family and consists of
vacant land totaling about 84.17 acres ± in size.
Area 5 (O & MF to C): is zoned O-2 Office and Institutional and MF-18 and
consists of vacant land totaling 10.2 acres ± in size.
Area 6 (SF & MF to O): is zoned MF-18 Multifamily and consists of vacant land
zoned MF-18 totaling 9.04 acres ± in size.
The south side of Cantrell Road proceeding from east to west is vacant land
zoned R-2 and C-3 at Chenal, OS Open Space, R-2 and C-1 for a business
located at Highway 300. The north side of Cantrell Road proceeding from east
to west is land zoned R-2 for houses built on large lots, R-2 for a power
substation east of Chenal Parkway, vacant C-3 at the northeast corner of
Chenal, Planned Commercial - Development for a gas station / convenience
store at the northwest corner of Chenal, C-3, O-2, and R-2 at Highway 300. The
east side of Chenal Parkway proceeding from Cantrell Road to Highway 300 is
vacant land zoned C-3 at Cantrell, a mini-warehouse zoned C-3 north of Cantrell,
vacant land zoned O-2, and vacant land zoned R-2 at Highway 300. The west
side of Chenal Parkway proceeding from Cantrell Road to Highway 300 is zoned
Planned Commercial Development for the gas station, vacant land zoned C-3
and MF-18, and vacant R-2 land at Highway 300.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On January 2, 2002 a change was made from Single Family to Suburban Office,
Commercial, and Park / Open Space on the east side of Chenal Parkway on the
south side of Cantrell Road across the street to the south of the study area to
accommodate proposed development.
On March 6, 2001 a change was made from Single Family to Commercial in the
19,900 block of Cantrell Road across the street southwest of the study area to
accommodate proposed development.
On June 20, 2000 a change was made from Mixed Office Commercial to
Commercial in the 17,800 - 17,900 block of Cantrell Road about 1 mile east of
the study area to accommodate proposed development.
On November 16, 1999 a change was made from Single Family to Office at 6400
Patrick Country Road about 1 mile east of the study area to accommodate
proposed development.
On October 5, 1999 a change was made from Office to Mixed Office Commercial
at the northeast corner of Patrick Country Road and Cantrell Road about 1 mile
east of the study area to accommodate proposed development.
Areas 1 and 2 are shown as Single Family, Areas 3 and 4 are shown as Single
Family with Office fronting Chenal Parkway, Area 6 is shown as Office along
Cantrell Road and Multifamily along Chenal Parkway, and Area 6 is shown as
Single Family and Multifamily with both categories fronting Chenal Parkway and
only Single Family shown along Highway 300.
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
3
The south side of Cantrell Road proceeding from east to west is shown as Single
Family, Commercial and Park / Open Space at Chenal, more Single Family west
of Chenal, Pubic Institutional, and Neighborhood Commercial at Highway 300.
The North side of Cantrell Road proceeding from east to west is shown as Single
Family, Park / Open Space and Commercial at Chenal, Office, and Public
Institutional at the northeast corner of Cantrell and Highway 300. The east side
of Chenal Parkway proceeding from Cantrell Road to Highway 300 is shown as
Park / Open Space and Commercial at Cantrell, Office, Multifamily, and Office at
Highway 300. The west side of Chenal Parkway proceeding from Cantrell Road
to Highway 300 is shown as Park / Open Space and Commercial at Cantrell,
Multifamily, Single Family, and Office at Highway 300.
The property west of Area 1 and south of Areas 2 and 3 is the subject of another
item on this agenda for a change from Single Family to Commercial.
MASTER STREET PLAN:
Cantrell Road is shown on the Master Street Plan as a Principal Arterial and is
built as a four-lane highway with an additional center turn lane. A Class II
Bikeway is shown along Cantrell Road from Ferndale Cutoff Road to
Chenonceau Boulevard. A Class II Bikeway does not require any additional
paving or Right-of-way. Chenal Parkway is shown as a Minor Arterial from
Cantrell Road to State Highway 300 and is built as a rural two-lane road. A
Class I Bikeway is shown for Chenal Parkway from Cantrell Road to Highway
300. A Class I Bikeway requires an additional 10 feet of Right-of-way along the
roadway and 9 feet of additional paving, with 4 feet provided for pedestrians.
The exact route and location of the bikeways will need to be determined to
establish the nature of the applicant’s responsibility for half street improvements.
Cantrell Road is a State Highway, little or no direct access should be permitted to
this Principal Arterial. If a curb must be done along a state highway, it would
need to be done in a manner that would protect the flow of traffic. Development
of the applicant’s property would need to be done in a manner that would not
disrupt the flow of traffic on the state highway. Shared drives to limit curb cuts
along Cantrell are an option to provide access to the applicant’s property and to
minimize interruptions to traffic flow.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the study
area is located inside a Service Deficit Area. Since adequate Park and Open
Space amenities are needed in the area, such facilities will need to be developed
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
4
within an eight-block walking distance. Development of Park and Open Space
facilities will need to be done to conform to the Plan’s Eight-Block strategy of
providing park facilities within eight-blocks of all residents of the City of Little
Rock.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
Area 1 (SF to C): This portion of the applicant’s property fronts a State Highway.
At this time the primary access to this property is from Cantrell Road (State
Highway 10) and would by necessity require a curb cut to provide access to the
property, and possibly to also provide access to the properties located in Areas 2
- 4. For further analysis see paragraphs regarding the net loses and net gains
concerning this area.
Area 2 (SF to O): This portion of the applicant’s property is a relatively isolated
piece of land, which would require some sort of access to the street network.
Although a small portion of this property would border Single Family uses to the
east, a change to Office would provide a transition between uses fronting
Cantrell Road and Chenal Parkway from any type of residential uses to the north
and east. This change would also add about 7.23 + acres of land shown as
Office, which could help offset any acreage lost for Office uses in Areas 3, 4 and
5. For further analysis see paragraphs regarding the net loses and net gains
concerning this area.
Area 3 (O & SF to C): This expanded area includes property fronting Chenal
Parkway containing an existing Commercial use. By itself the applicant’s
property is an isolated area that does not have street frontage. The expansion of
this area both recognizes an existing use and would provide more undeveloped
land with frontage along Chenal Parkway. The frontage along Chenal Parkway
could also be used to provide alternative access to any development in Area 2.
For further analysis see paragraphs regarding the net loses and net gains
concerning this area.
Area 4 (SF & O to MF): This amendment area is the largest of the six, with most
of the acreage shown as Single Family isolated from street frontage with a small
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
5
exception along Highway 300. All of the land shown as Office in Area 4 fronts
Highway 300. Development of Area 4 would require the development of a street
(or access easement) network, and utilities. The development of water and
sewer infrastructure would also have the added difficulty of hillside development.
Development of Area 4 would need to be done in a manner that would minimize
alterations of the natural environment and hydrology of the neighborhood. A
change to Multifamily in Area 4 would result in the expansion of the area
currently shown as Multifamily along the east side of Chenal Parkway. For further
analysis see paragraphs regarding the net loses and net gains concerning this
area.
Area 5 (O & MF to C): The property located in Area 5 benefits from double
frontage along Cantrell Road and Chenal Parkway. As in Area 1, the southern
portion of Area 5 fronts a state highway and curb cuts along the state highway
would need to be done in a manner that would protect the flow of traffic. Unlike
Area 1, the double frontage of Area 5 would ease pressure to add curb cuts
along Cantrell Road, and the north half of Area 5 would not have to be accessed
from Cantrell Road. A change to Commercial in Area 5 introduces the possibility
of placing an incompatible development next to the church located on the
northeast corner of Cantrell Road and State Highway 300. The change
proposed for Area 5 would also result in the expansion of the area shown as
Commercial near the northwest corner of Cantrell Road and Chenal Parkway.
For further analysis see paragraphs regarding the net loses and net gains
concerning this area.
Area 6 (SF & MF to O): The change to Office in Area 6 would expand the small
area shown as Office located at the intersection of State Highway 300 and
Chenal Parkway. This change along with a change to Commercial in Area 5
would eliminate all of the residential uses shown in the triangle of land formed by
Cantrell Road, Chenal Parkway, and State Highway 300. A change to Office
would add about 9.04 + acres of land shown as Office, which could help offset
the loss of land shown as Office in Areas 3, 4, and 5.
In summary, all of the acreage shown in the defined study area as Single Family
would be lost. The land shown as Multifamily would have a net increase from
about 27.02 + acres to approximately 129.49 +, or an increase of about 79%.
Land shown as Office would have a net loss from approximately 44.21+ acres to
23.87 + acres, or a net decrease of about 46%. The area shown as Commercial
would increase from about 10.23 + acres to 42.71 + acres, or a net increase of
about 76%. The amount of land shown as Public Institutional and Park / Open
Space would not change.
The current percentages of land use categories shown for the applicant’s
property and effected neighboring properties along the north side of Cantrell
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
6
Road at Chenal, both sides of Chenal Parkway from Cantrell Road to Highway
300, and the east side of Highway 300, are as follows: 57% Single Family, 12%
Office, 20% Multifamily, 5% Commercial, 5% Public Institutional, and 1% Park /
Open Space.
The change in percentages of land use categories shown for the applicant’s
property and effected neighboring properties along the north side of Cantrell
Road at Chenal, both sides of Chenal Parkway from Cantrell Road to Highway
300, and the east side of Highway 300, are as follows: 0% Single Family
(includes a possible change from Single Family to Commercial next to Areas 1,
2, and 3), 11% Office, 62% Multifamily, 20% Commercial, 5% Public Institutional,
and 1% Park / Open Space.
Areas 1 and 5 are subject to the requirement of the Highway 10 Design Overlay
District. Any development within Areas 1 and 5 would need to conform to the
design standards of the Highway 10 DOD. The purpose of the Highway 10 DOD
is to preserve scenic value of the Highway 10 DOD through the requirement of
PZD’s.
Utilities and infrastructure would need to be developed for any new
developments locating in the application areas covered by this amendment.
Area 4 would require the most development of infrastructure and utilities that
would be needed. Since much of Area 4 and all of Area 2 are relatively isolated
from existing utilities and infrastructure, the changes in Areas 1 and 3 would be
effected to provide access to Areas 2 and 4. The change in Area 5 might result
in the development of uses incompatible with the existing Public Institutional use
shown at Cantrell Road and Highway 300. The change to Office for Area 6
would combine with a change to Commercial in Area 5 to eliminate residential
uses shown between Cantrell Road, Chenal Parkway and Highway 300.
These proposed changes along with the proposed change to Commercial at
19420 Cantrell Road would greatly expand the amount of land available in the
area for Commercial uses. If the changes to Commercial and Office occur and
the change at 19420 is not approved, the remaining area shown as Single
Family would be surrounded by incompatible uses. If the opposite action occurs,
with this proposed changed to Commercial at 19420 Cantrell Road is approved
and the changes proposed in this amendment for the northeast corner of Cantrell
and Chenal are not approved, the resulting area shown as Commercial that
would be more centered on the northeast corner of Cantrell and Chenal. The
proposed change to Multifamily for Area 4 would increase the housing options
available for the neighborhood but would require a substantial investment in
infrastructure to accommodate the increased densities of development in an
area shown as Multifamily. The changes in Area 5 to Commercial would expand
the area already shown as Commercial at the northwest corner of Cantrell and
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
7
Chenal and introduce the possibility of incompatible developments shown as
Commercial next to the church located on the northeast corner of Highway 300
and Cantrell Road. The new office developments that have occurred at Cantrell
Road and Ranch Boulevard filled in most of the land shown as Mixed Office
Commercial that would otherwise be available for Commercial uses through the
PZD process. These changes would provide land for straight commercial and
office uses with the commercial uses located at the Cantrell / Chenal intersection
and reinforce the concentration of commercial nodes at major intersections along
Cantrell Road west of I-430.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
Property Owners Association, Bayonne Place Property Owners Association, Du
Quesne Place P.O.A., and Maywood Manor Neighborhood Association. At this
time, staff has not received comments from area residents or Neighborhood
Associations.
STAFF RECOMMENDATIONS:
Staff believes the following changes are appropriate:
Staff believes the change in Area 1 is compatible with the neighboring land use
and zoning to the south. The change in Area 2 is suitable to provide a transition
of intensity between residential and non-residential uses. The change in Area 3
recognizes existing uses and zoning. The change in Area 6 is compatible with
the existing use in the area shown as Public Institutional at the northeast corner
of Cantrell and Highway 300.
Staff believes the following changes are more appropriate:
A change to Multifamily in Area 4 is more appropriate with less acreage. A
change to Office is more appropriate in Area 5 since a change to Office would be
more compatible with the existing use in the area shown as Public Institutional at
the northeast corner of Cantrell/ and Highway 300.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Brian Minyard, City Staff, made a brief presentation to the commission with the
changes to the application and the new recommendation. The Single Family
and Office to Multi Family (area #4) is to be reduced by removing the Office area
from the application. The Office and Multi-Family to Commercial (area #5) is
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
8
changed to add a strip of Park/Open Space along the western edge. Staff
supports all of the Land Use Plan amendment with these changes.
Tim Daters, representing the applicant, stated that this property was not suited
for single family development, it was not efficient or dense enough given the
large lots it would require for single family developments.
Alicia Finch, from Roland, is opposed to the Multi-Family. She commented on
the high traffic volumes of the area and infrastructure. She did not want Highway
10 to become another Rodney Parham.
Mary Dornhoffer, of 6916 Westridge, commented on a potential drop in real
estate values, the community becoming unstable, and a decrease in the quality
of living in the area. She opposes the multi-family zoning but is in support of the
Commercial.
Mark Davis, a pastor at Fellowship Baptist Church, equated the situation to the
movie “Finding Nemo”. He is opposed to the Multi Family stating that it will lower
the quality of life.
Robert Mahen stated that he was opposed to the multi-family and referred to an
article in the New York Times about an apartment glut nationwide. He made
comments on property taxes not being made by apartment dwellers. He
comments that Arkansas is supposed to be “The Natural State” and that the
drive to the state park should be protected.
Don Thompson is opposed to the multifamily. He stated that it is not typical to
have multi-family on the edge of the city and that multi-family is premature at this
time. He is not opposed to the Commercial.
Gene Pfeifer, the applicant, spoke in favor of the application. He stated that in
the past he had donated land for bike trails and his share of the money for the
light at Cantrell and Chenal. He stated that in the past, the Board of Directors
had asked him to provide a variety of housing types in the area. He spoke of
other areas in the city with multiple apartment complexes. He continued to
speak that more vegetation would be left with multi-family developments than
with single-family developments. He continued that the five-acre tracts in the
area promote sprawl.
Mr. Pfeifer continued that according to the census data, one-quarter of all
Americans are apartment dwellers and continued with statistics about the
difference between apartment dwellers and single-family homes.
Commissioner Norm Floyd commented on sewer issues and the number of units.
December 18, 2003
ITEM NO.: 8 (Cont.) FILE NO.: LU03-20-01
9
Commissioner Mizan Rahman asked about traffic issues. Mike Hood of Public
Works stated that the initial review had about 8000 trips daily for the multi family,
but with the reduced number of units, the trips daily would be about 6100.
Commissioner Floyd asked how this application would pay for the sewer plant.
Tim Daters, of White Daters Engineers, stated that there were increased fees for
multi-family in this basin only. Joe White, of White Daters Engineers, stated that
everything would go to the pump station and that the developer was surcharged
for that.
A motion was made to approve the item as amended by the applicant. The item
was approved with a vote of 7 ayes, 3 noes, and 1 absent.
December 18, 2003
ITEM NO.: 8.1 FILE NO.: Z-5099-B
Owner: Pfeifer Development Company
Applicant: White-Daters and Associates
Location: Generally north, east and west of the Cantrell
Road/Chenal Parkway intersection; located
within and surrounding the Northwest Territory
Subdivision
Area: Approximately 137 acres
Request: Rezone from R-2, MF-18, O-2 and O-3 to
MF-6, MF-12, MF-18, O-3 and C-3
Purpose: Future Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences (northwest) and undeveloped property;
zoned R-2
South – Single family residences and undeveloped property
(across Cantrell Road); zoned R-2 and C-3
East – Private school and single family residences; zoned R-2
West – Church and single family residences; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. The proposed multi-family uses to the north could ultimately produce
over 8,000 vehicle trips per day. Show the proposed or conceptual
street and access layout for the parcels.
2. Cantrell Road is classified on the Master Street Plan as a principal
arterial. Minimum dedication of right-of-way to 55 feet from centerline
will be required.
3. The eastern-most edge of Area 7 appears to abut an unnamed Master
Street Plan collector. This right-of-way should be shown on the plan.
December 18, 2003
ITEM NO.: 8.1 (Cont.) FILE NO.: Z-5099-B
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
located within 300 feet who could be identified, and the Aberdeen Court
and DuQuesne Place Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Single Family, Multifamily, Office, and Commercial for this
property. The applicant has applied for C-3 General Commercial, O-3
General Office, MF-6 Multifamily, MF-12, MF-18 zoning for retail, office,
and apartment development.
A land use plan amendment for a change to Commercial, Multifamily, and
Office is a separate item on this agenda.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Pfeifer Development Company, owner of approximately 137 acres of
property located within and surrounding the Northwest Territory
Subdivision near the intersection of Cantrell Road and Chenal Parkway, is
requesting to rezone the property from R-2, MF-18, O-2 and O-3 to MF-6,
MF-12, MF-18, O-3 and C-3. The rezoning is proposed for the future
development of the property. In addressing an overall zoning plan for the
property, the applicant has also filed a land use plan amendment.
The property is undeveloped and mostly tree-covered. The property has
varying degrees of slope. There is one (1) single family residence located
at the southeast corner of the overall property (19400 Cantrell Road)
which takes access from Cantrell Road.
December 18, 2003
ITEM NO.: 8.1 (Cont.) FILE NO.: Z-5099-B
3
The general area contains a mixture of uses and zoning. There is a
convenience store, mini-warehouse development, apartment complex and
Easter Seals residential facility located along Chenal Parkway, within the
Northwest Territory Subdivision. There are single family residences on
large tracts located to the northwest, with undeveloped R-2 zoned
property located to the north. There are single family homes on large
tracts and undeveloped C-3 zoned property to the south across Cantrell
Road. There is undeveloped R-2 zoned property and a private school
located to the east along the north side of Cantrell Road. A church, single
family residences and undeveloped R-2 zoned property are located to the
west.
The applicant is proposing to rezone the 137 acres from R-2, MF-18, O-2
and O-3 to MF-6, MF-12, MF-18, O-3 and C-3. The list of the proposed
rezoning is as follows, with the “Area” numbers referring to the attached
sketch map. The acreage calculations include any future street rights-of-
way.
Area 1 Rezone from MF-18 and O-2 to C-3 (10.2 Acres)
Area 2 Rezone from MF-18 to O-3 ( 9.04 Acres)
Area 3 Rezone from R-2 to MF-18 (16.02 Acres)
Area 4 Rezone from R-2 to MF-18 (18.7 Acres)
Area 5 Rezone from R-2 to MF-6 (21.44 Acres)
Area 6 Rezone from R-2 to MF-12 (24.14 Acres)
Area 7 Rezone from R-2 to MF-12 (25.31 Acres)
Area 8 Rezone from R-2 to C-3 ( 1.72 Acres)
Area 9 Rezone from R-2 to O-3 ( 7.23 Acres)
Area 10 Rezone from R-2 to C-3 ( 3.23 Acres)
The City’s Future Land Use Plan designates the property as single family,
multifamily, office and commercial. The applicant has filed a land use
plan amendment for a change to multifamily, office and commercial. This
issue is a separate item on this agenda (Item 8.).
Although staff is supportive of a zoning plan for this acreage, staff does
not support all of the zoning changes as proposed. Staff supports the
rezoning of Areas 2, 8, 9 and 10 as described above. Staff could support
O-3 zoning for Area 1, rather than the requested C-3. Additionally, staff
could possibly support an overall lower density multifamily zoning for
Areas 3 through 7. However, staff would need additional information to
consider this. The applicant would need to provide a proposed street and
December 18, 2003
ITEM NO.: 8.1 (Cont.) FILE NO.: Z-5099-B
4
access plan for the area, and Little Rock Wastewater Utility and Central
Arkansas Water would need to review the plan and assure that sewer and
water services could be provided to the area. Staff feels that the
requested rezoning for Areas 2, 8, 9 and 10 is reasonable and will have
no adverse impact on the general area.
F. STAFF RECOMMENDATION:
Staff recommends denial of the rezoning plan, as requested.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Eugene Pfeifer, Joe White, Tim Daters and Ed Willis were present, representing
the application. There were several persons present in opposition. Staff
explained that the applicant had revised the rezoning application as follows:
1. Area 1 – A zoned OS (Open Space) buffer will be provided
along the west boundary of Area 1 and adjacent to Winfield
United Methodist Church property.
2. Area 3 – 10 acres of O-3 zoned property within Area 3 will be
removed from the application, leaving six (6) acres to be
rezoned to MF-12 instead of MF-18.
3. Area 4 – Proposed rezoning to MF-12 instead of MF-18.
Staff recommended approval of the application as revised. Items 8 and 8.1 were
discussed simultaneously.
Alicia Finch, president of the Maywood Manor Neighborhood Association,
addressed the Commission in opposition. She expressed concern with cutting
down mountainous areas for development. She noted concern that the
proposed multifamily development would be government subsidized housing.
She questioned what infrastructure improvements would need to be made for
development. She stated that the property should be used for single family
development.
Mary Dornhoffer also spoke in opposition. She expressed concern with the
proposed multifamily zoning, with respect to property values and the stability of
her neighborhood. She questioned the need for more multifamily housing in the
area. In response to a question from the Commission, she stated that she was
only opposed to the proposed multifamily zoning.
December 18, 2003
ITEM NO.: 8.1 (Cont.) FILE NO.: Z-5099-B
5
Mark Davis also addressed the Commission in opposition. He noted that he was
opposed to the multifamily zoning. He expressed concerns that the proposed
multifamily development would ruin his family’s quality of life.
Robert Mahon also spoke in opposition. He also opposed the multifamily zoning.
He described his neighborhood and the surrounding area. He expressed
concern with infrastructure issues. He supported single family development of
the property.
Don Thompson also spoke in opposition. He was also opposed to the
multifamily zoning. He expressed concerns with increased traffic. He stated that
there was no community need for multifamily in the area. He noted that he was
only opposed to the multifamily zoning.
Gene Pfeifer addressed the Commission in support of the application. He noted
that when the property was annexed, the City zoned the property R-2. He stated
that when the City annexed the property he was asked to provide a variety of
housing types in the area. He compared the proposed multifamily development
to existing developments on Pleasant Ridge Road and Napa Valley Road. He
stated that single family development of the property would require clear-cutting,
and multifamily development would allow more of the original vegetation to be
retained. He explained that five acre developments represented urban sprawl.
He expressed his support for multifamily developments, and noted that his
property was an appropriate location for such development.
Commissioner Adcock asked about required buffers between Area 3 and the
single family property to the north. Staff explained that land use buffers between
the properties will be required.
Commissioner Rector noted that renters do not pay real estate taxes, but the
multifamily development owners do. He also noted the low-income housing is
not a zoning issue.
Commissioner Floyd asked about utility comments for the proposed
development. Staff explained that utility companies are not typically contacted
regarding straight rezoning issues, but in this case staff did require that the
applicant submit letters from Wastewater and Central Arkansas Water. Staff
stated that the utilities had noted that the area could be served, but that
additional facilities may need to be installed at the developer’s expense.
Commissioner Floyd noted opposition to the amount of proposed multifamily
zoning and explained.
December 18, 2003
ITEM NO.: 8.1 (Cont.) FILE NO.: Z-5099-B
6
Vice-Chairman Rahman asked about the amount of projected traffic the
multifamily would generate. Mike Hood, of Public Works, noted that the revised
multifamily zoning would generate approximately 6,100 vehicle trips per day. He
explained that the collector street the applicant proposed to construct should be
able to handle the future traffic.
Commissioner Floyd asked how the developer would help pay for a sewer
treatment plant. Tim Daters explained that multifamily developments were
required to pay a cost of $400 per unit in addition to other development fees.
Joe White explained that all of the property proposed for rezoning will flow to
existing sewer facilities.
There was a motion to approve the Land Use Plan Amendment as revised and
recommended by staff. The motion passed by a vote of 7 ayes, 3 nays and
1 absent.
There was a second motion to approve the rezoning application as revised and
recommended by staff. The motion passed by a vote of 10 ayes, 0 nays and
1 absent. The Land Use Plan Amendment and Rezoning Applications were
approved.
December 18, 2003
ITEM NO.: 9 FILE NO.: LU03-12-03
Name: Land Use Plan Amendment - 65th Street West Planning District
Location: West side of David O’ Dodd south of Colonel Glenn Road
Request: Community Shopping and Office to Commercial
Source: Larkin Gieringer, White - Daters & Associates
PROPOSAL / REQUEST:
Land Use Plan amendment in the 65th Street West Planning District from
Community Shopping and Office to Commercial. The Commercial category
includes a broad range of retail and wholesale sales of products, personal and
professional services, and general business activities. Commercial activities
vary in type and scale, depending on the trade area that they serve. The
applicant wishes to develop the property for commercial uses.
Staff is not expanding the application since the Land Use Plan in this area was
reviewed within the last year.
EXISTING LAND USE AND ZONING:
The study area is houses and vacant land currently zoned R-2 Single Family and
O-3 General Office along Lawson Road, R-2 at the southwest corner of Col.
Glenn and David O. Dodd Road, and O-3 on David O’Dodd south of Bowman
Plaza Drive and combine for a 16.88 acres ± in size. The houses located along
the south side of Col. Glenn Road between David O’Dodd and Lawson Roads
are zoned C-3 General Commercial.
The businesses along the north side of Col. Glenn Road are zoned O-3 at
Lawson Road and Planned Office Development at the northwest corner of Col.
Glenn and Bowman Road. The northeast corner of Col. Glenn and Bowman
Road is a nursing school zoned C-2 Shopping Center. The vacant land along
the east side of David O’Dodd Road is zoned C-3 and O-3. The JA Fair School
located on David O. Dodd is zoned R-2 with a Conditional Use Permit and sits to
the southeast of the study area. Most of the property south of Lawson Cutoff
Road consists of houses built on large lots with one property zoned O-2 for a
house converted to an office. Most of the land west of Lawson Road consists of
houses built on large lots zoned R-2. The property at the southwest corner of
the Lawson and Col. Glenn Road intersection is a commercial building zoned
December 18, 2003
ITEM NO.: 9 (Cont.) FILE NO.: LU03-12-03
2
Planned Development - Commercial. The R-2 zoned Crystal Valley Fire Station
sits on the south side of Col. Glenn Road west of the Lawson Road intersection.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On October 21, 2003 a change was made from Office to Commercial and Park /
Open Space east of the J.A. Fair School next the southeast border of the study
area to accommodate proposed development.
On February 4, 2003 a change was made from Multifamily to Mixed Office
Commercial at the southwest corner of I-430 and Col. Glenn Road about 1/3 of a
mile east of the application area to accommodate proposed development.
On January 16, 2001 a change was made from Mixed Use and Suburban Office
to Commercial and Office at the southeast corner of I-430 and Col. Glenn Road
about 2/3 of a mile east of the applicant’s property to accommodate proposed
development.
On January 7, 2003 a change was made from Office to Commercial at 12,201
Col. Glenn Road less than 1/10 of a mile west of the applicant’s property to
accommodate proposed development.
On December 1, 1998 a change was made from Suburban Office to Mixed Use
at the southeast corner of I-430 and Col. Glenn Road about 2/3 of a mile east of
the property in question to accommodate proposed development.
On September 19, 2000 a change was made from Low Density Residential &
Mixed Office Commercial to Mixed Use at Bowman Road and W. 36th Street
about 1 mile north of the study area to accommodate proposed development.
On April 6, 1999 a change was made from Office and Community Shopping to
Mixed Office Commercial on Col. Glenn across the street to the north of the
applicant’s property to accommodate proposed development.
The applicant’s property fronting Lawson Road is shown as Commercial and
Office at the intersection of Lawson Cutoff. The area at the southwest corner of
Col. Glenn and Lawson Road is shown as Community Shopping. The property
along David O’ Dodd Road between Bowman Plaza Drive and Lawson Cutoff is
shown as Office. The property north of the study area is shown as Mixed Office
Commercial while the northeast corner of Col. Glenn and Bowman Road is
shown as Public Institutional. The east side of David O’ Dodd Road is shown as
Commercial between Col. Glenn and Bowman Plaza Drive, the land between
Bowman Plaza and the JA Fair School is shown as Office. The JA Fair School is
shown as Public Institutional. The property on the south side of Lawson Cutoff is
shown as Office. The west side of Lawson Road is shown as Office except for
the Commercial shown at the southwest corner of the Lawson / Col. Glenn
intersection.
December 18, 2003
ITEM NO.: 9 (Cont.) FILE NO.: LU03-12-03
3
MASTER STREET PLAN:
Col. Glenn Road is shown as a Principal Arterial on the Master Street Plan and is
improved on the north side with half street improvements, which would also be
needed along the south side. David O’ Dodd Road is shown as a Minor Arterial
and is built as a rural two-lane road south of the Col. Glenn intersection. David
O’ Dodd Road would need improvements in order to conform to the Master
Street Plan. Lawson Road is shown on the Master Street Plan map as a Minor
Arterial from the Bowman / David O’ Dodd Minor Arterial to the planning
boundary. The route of the Lawson Road Minor Arterial includes Lawson Cutoff,
which is labeled on the applicant’s survey as Church Road. Both Lawson Road
and Lawson Cutoff are built as rural two-lane roads in need of improvements in
order to conform to the Master Street Plan. Lawson Road north of Lawson
Cutoff is a residential street with open drainage and may need improvements if
traffic in the area increases. Bowman Plaza Drive is a Minor Commercial
Collector street recently built to standard.
There are two Class I Bikeways shown on the Master Street Plan located in the
amendment area. The Col. Glenn Bikeway (listed as Burlingame / Col. Glenn
Bikeway) the will link Kanis Road to Bowman Road. The David O’ Dodd Bikeway
will link Col. Glenn Road to Stagecoach Road. Class I bikeway design standards
provide a paved roadway that is separated from the main roadway of any streets
the bikeway parallels. The exact route and location of the bikeways will need to
be determined to establish the nature of the applicant’s responsibility for half
street improvements.
Col. Glenn Road is a State Highway, little or no direct access should be
permitted to this Principal Arterial. If a curb must be done along a state highway,
it would need to be done in a manner that would protect the flow of traffic.
Development of the study area would need to be done in a manner that would
not disrupt the flow of traffic on the state highway. Shared drives to limit curb
cuts along Col. Glenn are an option to provide access to the applicant’s property
and to minimize interruptions to traffic flow.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the
applicant’s property is located north of a Potential Green Belt which corresponds
with the proposed route of the “Take it to the Extreme” Trail. The “Take it to the
Extreme” Trail is the western edge of a trial loop system proposed by the Parks
and Recreation Department to circle Little Rock as a part of the plan concept of
creating a “City in a Park.” The plan includes public school property, such as the
JA Fair School located on David O. Dodd as an element in the eight-block
December 18, 2003
ITEM NO.: 9 (Cont.) FILE NO.: LU03-12-03
4
strategy of providing park and open space facilities within eight blocks of all
residents of the City of Little Rock. The trail system needs to be developed in
order to provide improved park and open space amenities for future
developments likely to take place in the Col. Glenn & I-430 area and to provide
those amenities outside the school hours of operation.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The Community Shopping category is intended for large general merchandise
stores, which have not developed in this area. A change to Commercial would
still allow uses that would serve a large market area but would be more
compatible with a larger variety of smaller scale retail uses.
The change from Office to Commercial would place an incompatible use near a
school without the benefit of a buffer or transition zone. The Office currently
shown on the plan provides a transition along David O’ Dodd Road between the
Public Institutional to the south and the Community Shopping, Commercial, and
Mixed Office Commercial areas located to the north. The change from Office to
Commercial would also be an intensification of the uses shown on the Future
Land Use Plan.
The change from Office to Commercial located at the intersection of two Minor
Arterials at David O’ Dodd and Lawson Cutoff could increase the amount of
traffic generated in the area. The increased traffic generated could interfere with
the traffic generated at the school during the morning and afternoon hours when
the school day is beginning and ending. Although large offices could locate in an
area shown as Office, the traffic generated by Office uses would be less intense
than traffic generated by Commercial uses and would be limited to the opening
and closing of the business day. In addition, the Commercial uses located east
of the school is buffered by a strip of Park / Open Space and is accessed from
Bowman Plaza Drive.
Although a change to Commercial would expand the area already available for
Commercial uses, this amendment would be compatible with the neighboring
Commercial uses shown and link the Commercial shown at the southwest corner
December 18, 2003
ITEM NO.: 9 (Cont.) FILE NO.: LU03-12-03
5
of Lawson Road to the Commercial area shown to the east. However, the
changes to Commercial along David O’Dodd Road would reduce the availability
of land available for future office developments since most of the area already
shown as Mixed Office Commercial is already developed. The majority of the
remaining area shown as Office would be accessed from Lawson Road when the
Minor Arterial shown on the Master Street Plan would be suitable for providing
access to office developments. The change to Commercial along David O’Dodd
would also reduce the variety of future uses that could develop along the Minor
Arterial shown on the Master Street Plan. The trend for the area is for new
commercial uses to locate near the Col. Glenn / I-430 interchange. Although
much of the area shown as Commercial remains vacant, the change from
Community Shopping to Commercial would concentrate future Commercial
developments along Col. Glenn Road, and away from the school. The proposed
change from Office to Commercial would be a variance from the trend of new
Commercial developments to located either on Col. Glenn Road, or to have
primary access from Col. Glenn Road via a spur street. The change from Office
to Commercial would provide land shown as Commercial that would have
primary access from David O’Dodd Road or Lawson Road.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations:
Meadowcliff/Brookwood Neighborhood Association, Pecan Lake Property
Owners Association, South Brookwood Ponderosa, Stagecoach-Dodd
Neighborhood Association, Tall Timber Homeowners Association, SW Little
Rock UP, WCLR Coalition of Neighborhoods, and John Barrow Neighborhood
Association. Staff has received one comment from area residents opposed to
the change.
STAFF RECOMMENDATIONS:
Staff believes the change from Community Shopping to Commercial is
appropriate. The change from Community Shopping to Commercial would
reduce the intensity of uses in the area. Staff believes the change from Office to
Commercial is not appropriate. The change from Office to Commercial would
place a use incompatible next to the school.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The item was placed on the consent agenda for withdrawal. A motion was
made to wavier the by-laws for a five-day notice to defer prior to the Planning
Commission meeting. That motion was made and approved with a vote of
11 ayes, 0 noes, and 0 absent. A motion was made to approve the consent
agenda and was approved with a vote of 11 ayes, 0 noes and 0 absent.
December 18, 2003
ITEM NO.: 9.1 FILE NO.: Z-6973-A
Owner: Terraforma, LLC, Mark Riable and Mary Rush
Applicant: White-Daters and Associates
Location: North and south sides of David O Dodd Road,
between Bowman and Lawson Roads, south of
Colonel Glenn Road
Area: Approximately 10.3 acres
Request: Rezone from R-2 and O-3 to C-3
Purpose: Future Commercial Development
Existing Use: Single Family Residential and Undeveloped
SURROUNDING LAND USE AND ZONING
North – Office/warehouse development and undeveloped property
(across Colonel Glenn Road); zoned O-3 and POD
South – J.A. Fair High School; zoned R-2
East – Contractor’s yard/office and single family residences
(across Lawson Road); zoned PD-C and R-2
West – Undeveloped; zoned O-3 and C-3
A. PUBLIC WORKS COMMENTS:
1. The Lawson Road Cut-Off labeled on the plan as Church Road is
classified on the Master Street Plan as a minor arterial. A minimum
dedication of right-of-way 45 feet from centerline will be required.
2. The proposed land use would classify Lawson Road north of the
Lawson Connector and a commercial street on the Master Street Plan.
A dedication of right-of-way 30’ from centerline is required. This
dedication is the minimum required as measured from the centerline.
If the applicant owns land on both sides of the centerline, additional
dedication is required.
3. Ten feet of additional right-of-way will be required along David O Dodd
to accommodate a future right turn lane. Contact Traffic Engineering
(379-1816).
December 18, 2003
ITEM NO.: 9.1 (Cont.) FILE NO.: Z-6973-A
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
located within 300 feet who could be identified, and the John Barrow and
SWLR United for Progress Neighborhood Associations were notified of
the public hearing.
D. LAND USE ELEMENT:
This request is located in the 65th Street West Planning District. The Land
Use Plan shows Community Shopping and Office for this property. The
applicant has applied for C-3 General Commercial zoning for new retail
development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Terraforma, LLC, Mark Riable and Mary Rush, owners of a 4.59 acre tract
located along the south side of David O Dodd Road (at Bowman Plaza
Drive) and 5.70 acres along the north side of David O Dodd Road and the
east side of Lawson Road, are requesting to rezone the property from R-2
and O-3 to C-3. The rezoning is proposed for future commercial
development. The applicant is proposing a 50 foot wide OS zoned strip
along the south property line of the 4.59 acre parcel on the south side of
David O Dodd Road.
The majority of the property is undeveloped and mostly wooded. There is
one (1) single family residence located along Lawson Road, at the
southwest corner of the property. Approximately three (3) acres of the
property north of David O Dodd Road is currently zoned R-2, with the
remainder of the 5.70 acres being zoned O-3. All of the 4.59 acre
property on the south side of David O Dodd Road is currently zoned O-3.
December 18, 2003
ITEM NO.: 9.1 (Cont.) FILE NO.: Z-6973-A
3
The general area contains a mixture of zoning and uses. An
office/warehouse development and undeveloped O-3 zoned property is
located across Colonel Glenn Road to the north. J. A. Fair High School is
located to the south, with undeveloped O-3 and C-3 zoned property to the
southeast. There is a large amount of C-3 and C-4 zoned property across
David O Dodd Road to the east. There is a contractor’s
office/maintenance yard and single family residences on large tracts
across Lawson Road to the west.
The City’s Land Use Plan designates the north 1.5± acres (north of David
O Dodd Road) as community shopping, with the south 4.2± acres shown
as office. The 4.59 acres on the south side of David O Dodd is shown as
office on the future plan. The applicant has filed a Land Use Plan
Amendment for a change to commercial for all of the property. This issue
is a separate item on this agenda (Item 9).
Staff does not support the C-3 zoning, as requested. Staff could support
C-3 for the north 1.5± acres which is shown as community shopping on
the future Land Use Plan. Staff could also support O-3 zoning for the
south 2± acres which is currently zoned R-2. However, staff feels that the
2.2± acres (north side of David O Dodd Road) and the 4.59 acres (south
side of David O Dodd Road) which are currently zoned O-3 should remain
as zoned. Staff feels that office zoning is more appropriate within this
area of transition from the more intense commercial zoning along Colonel
Glenn Road (between Lawson and I-430), to the school and single family
uses to the south, west and southwest.
F. STAFF RECOMMENDATION:
Staff recommends denial of the C-3 zoning, as requested.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The applicant was present. There were no objectors present. Staff presented
the item with a recommendation of approval.
Staff noted that the applicant had revised the rezoning application by removing
the existing O-3 zoned property from the application. Staff noted that the
applicant now only requested to rezone approximately one (1) acre of property
(at the northwest corner of the overall tract) to C-3 and approximately 1.7 acres
at the southwest corner of the overall property to O-3. Staff noted that the
revised application conformed to the Land Use Plan. The proposed Land Use
December 18, 2003
ITEM NO.: 9.1 (Cont.) FILE NO.: Z-6973-A
4
Plan Amendment (Item 9.) was placed on the Consent Agenda to withdraw.
Staff recommended approval of the revised application.
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 revised
application was approved.
December 18, 2003
ITEM NO.: 10 FILE NO.: LU03-10-01
Name: Land Use Plan Amendment - Boyle Park Planning District
Location: Col. Glenn Road at Vinewood
Request: Mixed Use to Commercial
Source: Julie Eanes, Attorney for Eagle Bank
PROPOSAL / REQUEST:
Land Use Plan amendment in the Boyle Park Planning District from Mixed Use to
Commercial. The Commercial category includes a broad range of retail and
wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on
the trade area that they serve. The applicant wishes to develop the property for
commercial uses.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include area zoned for Commercial uses along the south
side of Col. Glenn Road from Cobb Street to Walker Street.
EXISTING LAND USE AND ZONING:
The property is a vacant building currently zoned R-2 Single Family and is .23
acres ± in size. The expanded area is zoned with a combination of Planned
Commercial Development at Cobb Street, C-3 General Commercial at
Vinewood, and C-3 to the east. All of the expanded area is developed with
businesses except for the manufactured housing along Vinewood. The
applicant’s property is surrounded on three sides with businesses zoned C-3
General Commercial to the west, north, and east. Single-family houses occupy
the R-2 Single Family zoned land to the south.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On November 4, 2002 a change was made from Single Family to Low Density
Residential along Lehigh Street about 1 mile northwest of the amendment area
to recognize existing conditions.
On July 17, 2001 a change was made from Commercial, Single Family, and Low
Density Residential to Park / Open Space at Jack Stephens Golf Academy about
a ½ mile east of the applicant’s property to recognize existing conditions.
December 18, 2003
ITEM NO.: 10 (Cont.) FILE NO.: LU03-10-01
2
The applicant’s property and the expanded study area are shown as Mixed Use
on the Future Land Use Plan. The property on the north side of Col. Glenn Road
is shown as Commercial. The neighboring land to the east of the applicant’s
property is shown as Mixed Use to the east, from the applicant’s property to
Marborough Street, while the property to the south is shown as Single Family.
The neighboring property on the south side of Col. Glenn Road west of Elmwood
Street is shown as Mixed Use to Cobb Street where it is shown as Commercial.
MASTER STREET PLAN:
Col. Glenn Road is shown on the Master Street Plan as a Principal Arterial. The
Arkansas Highway and Transportation Department is improving Col. Glenn Road
to Master Street Plan standards as a part of a project to improve State Highway
5. Elmwood Street is a standard residential street, which is being improved at
the intersection of Col. Glenn Road as a part of the State Highway 5 project.
There are no bikeways shown that will be affected by this amendment.
Col. Glenn Road is a State Highway, little or no direct access should be
permitted to this Principal Arterial. If a curb must be done along a state highway,
it would need to be done in a manner that would protect the flow of traffic. Any
new development in the study area would need to be done in a manner that
would not disrupt the flow of traffic on the state highway. Shared drives to limit
curb cuts along Col. Glenn are an option for future developments to provide
access to the applicant’s property and to minimize interruptions to traffic flow.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows the Jack
Stephens Youth Golf Academy, located at 6620 Falls Boulevard, as the park
facility located within an eight-block distance to the applicant’s property. Jack
Stephens is an 18-hole golf course and is listed as a Large Urban Park of more
than 50 acres. Since Jack Stephens is primarily a golf course, and not directly
accessible from the application area, alternative park and open spaces may
need to be developed in closer proximity to the applicant’s property.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
December 18, 2003
ITEM NO.: 10 (Cont.) FILE NO.: LU03-10-01
3
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Westwood section of the
Pecan Lake / Westwood / Stagecoach - Dodd Neighborhood Action Plan. The
Zoning and Land Use goal stated a principal of establishing compatibility
between residential and non-residential uses. This action would remove the
requirement of a Planned Zoning District for non-residential uses located on the
applicant’s property that are intended to protect the integrity of neighboring
residential areas.
ANALYSIS:
The expanded study area is located in an intense corridor of Commercial
development along Col. Glenn Road. The change proposed in this amendment
would also mirror the existing Commercial land uses and zoning along the north
side of Col. Glen Road between Cobb and Walker Streets. The commercial
uses on both sides of Col. Glenn Road front, and take primary access from, Col.
Glenn Road. This change would also establish the alley between Col. Glenn and
Vinewood Lane as the boundary between non-residential and residential uses.
New non-residential developments in an area shown as Mixed Use are subject to
the Planned Zoning Development Process. However, all of the existing
commercial development is zoned C-3 General Commercial and would not
require the Planned Zoning Development process if a future owner wanted to
develop a property for C-3 uses. The manufactured houses in the study area
located on property zoned C-3 could be replaced with C-3 uses that do not
require a PZD even though manufactured housing is considered a residential
use.
Although some residential uses are located in the study area at Vinewood, the
residential uses consist of manufactured housing zoned C-3 General
Commercial fronting Vinewood. Most of the residential uses located along
Vinewood are located outside the study area. Vinewood at Col. Glenn is a north
south street that curves to the east south of the study area. The houses located
along the east-west portion of Vinewood face other houses. The houses located
on the north side of Vinewood are also separated from the study area by an
alley. The curve acts as transition from the non-residential zoned areas to the
residential areas. The alley acts as a boundary between non-residential and
residential uses. This amendment would expand the area available for
Commercial uses even though vacant property shown as Commercial zoned for
Commercial uses is available for development. Most of the area covered by this
amendment is zoned for Commercial uses and developed for Commercial uses,
this amendment would recognize existing conditions.
December 18, 2003
ITEM NO.: 10 (Cont.) FILE NO.: LU03-10-01
4
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Barrow Action
Group, Brownwood Terrace Neighborhood Association, John Barrow
Neighborhood Association, Broadmoor Neighborhood Association, College
Terrace Neighborhood Association, Leander Neighborhood Association, Point
O'Woods Neighborhood Association, University Park Neighborhood Association,
Westwood Neighborhood Association, Neighborhood Connections, SW Little
Rock UP, WCLR Coalition of Neighborhoods, Campus Place Property Owners
Association, Meadowcliff/Brookwood Neighborhood Association, Pecan Lake
Property Owners Association, Stagecoach-Dodd Neighborhood Association, and
Tall Timber Homeowners Association. Staff has received three comments from
area residents. Two comments were in support and one was neutral.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate. A change to Commercial would
recognize the existing land uses and zoning.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes
and 0 absent.
December 18, 2003
ITEM NO.: 10.1 FILE NO.: Z-7545
Owner: Eagle Bank and Trust Company
Applicant: Julie Eanes
Location: 8225 Colonel Glenn Road
(former Asher Avenue)
Area: Approximately 0.11 acre
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Vacant Commercial Building
SURROUNDING LAND USE AND ZONING
North – Mixture of commercial uses (across Colonel Glenn Road);
zoned C-3
South – Single family residences (across alley); zoned R-2
East – New commercial building; zoned C-3
West – Mobile home park (across Elmwood Drive); zoned C-3 and R-2
A. PUBLIC WORKS COMMENTS:
The proposed land use would classify Elmwood Street on the Master
Street Plan as a commercial street. Dedicate right-of-way to 30 feet from
centerline.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA’s bus route #14 (Rosedale Route).
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
located within 300 feet who could be identified, and the Westwood, John
Barrow and SWLR United for Progress Neighborhood Associations were
notified of the public hearing.
December 18, 2003
ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7545
2
D. LAND USE ELEMENT:
This request is located in the Boyle Park Planning District. The Land Use
Plan shows Mixed Use for this property. The applicant has applied for
C-3 General Commercial for retail development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The applicant’s property lies in the area covered by the Westwood section
of the Pecan Lake/ Westwood/ Stagecoach-Dodd Neighborhood Action
Plan. The Zoning and Land Use goal stated a principal of establishing
compatibility between residential and non-residential uses. This action
would remove the requirement of a Planned Zoning District for non-
residential uses located on the applicant’s property that are intended to
protect the integrity of neighboring residential areas.
E. STAFF ANALYSIS:
Eagle Bank and Trust Company, owner of the 0.22 acre property at 8225
Colonel Glenn Road (former Asher Avenue), is requesting to rezone the
east one-half of the property (Lot 11, Block 6, Pike Addition) from “R-2”
Single Family District to “C-3” General Commercial District. The rezoning
is requested for the future commercial redevelopment of the property.
The overall ownership includes Lots 11 and 12, Block 6, Pike Addition.
Lot 12 is currently zoned C-3.
The 0.22 acre property contains a one-story commercial building which is
vacant. The building is located partially on Lot 11 and partially on Lot 12.
A tropical fish store previously occupied the building. There is a driveway
and small parking area accessed from Elmwood Drive.
The general area contains a mixture of uses and zoning. There is a new
commercial building (lawn mower repair shop) located immediately east of
the site, with a mobile home park located to the west across Elmwood
Drive. There are single family residences located across the alley to the
south. A mixture of commercial uses exists across Colonel Glenn Road to
the north.
December 18, 2003
ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7545
3
The City’s future Land Use Plan designates this property as Mixed Use. A
land use plan amendment for a change to commercial is a separate item
(Item 10.) on this agenda.
Staff is supportive of the requested C-3 zoning and the proposed Land
Use Plan Amendment. Staff feels that C-3 zoning is appropriate for this
corner property, given the past use of the property. As noted previously,
the property on either side of Lot 11, Block 6, Pike Addition is currently
zoned C-3. Therefore, staff feels that rezoning this lot to C-3 to match Lot
12 will allow for a future quality commercial development of the property.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (DECEMBER 18, 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.
December 18, 2003
ITEM NO.: 11 FILE NO.: LU03-20-02
Name: Land Use Plan Amendment - Pinnacle Planning District
Location: 19420 Cantrell Rd.
Request: Single Family to Commercial
Source: Larkin Gieringer, White - Daters & Associates
PROPOSAL / REQUEST:
Land Use Plan amendment in the Pinnacle Planning District from Single Family
to Commercial. The Commercial category includes a broad range of retail and
wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on
the trade area that they serve. The applicant wishes to develop the property for
commercial uses.
Prompted by this Land Use Amendment request, the Planning Staff expanded
the area of review to include area to the west shown as Single Family between
the applicant’s property and the area shown as Commercial at Chenal and
Cantrell Road. This expansion would make the study area more compatible with
the neighboring land use shown to the south across the street.
EXISTING LAND USE AND ZONING:
The applicant’s property is a single-family house built on a large lot zoned R-2
Single Family and is about 2.11 acres ± in size. The expanded area includes the
property to the west, which is a power substation zoned R-2. The neighboring
property to the north and east is vacant land zoned R-2. The vacant land to the
south is zoned C-3 General Commercial. The vacant property to the west of the
expanded area is zoned C-3. A mini-warehouse northwest of the applicant’s
property is zoned C-3.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On January 2, 2002 a change was made from Single Family to Suburban Office,
Commercial, and Park / Open Space on the east side of Chenal Parkway on the
south side of Cantrell Road across the street to the south of the applicant’s
property to accommodate proposed development.
On March 6, 2001 a change was made from Single Family to Commercial in the
December 18, 2003
ITEM NO.: 11 (Cont.) FILE NO.: LU03-20-02
2
19,900 block of Cantrell Road across the street southwest of the study area to
accommodate proposed development.
On June 20, 2000 a change was made from Mixed Office Commercial to
Commercial in the 17,800 - 17,900 block of Cantrell Road about 1 mile east of
the application area to accommodate proposed development.
On November 16, 1999 a change was made from Single Family to Office at 6400
Patrick Country Road about 1 mile east of the amendment area to accommodate
proposed development.
On October 5, 1999 a change was made from Office to Mixed Office Commercial
at the northeast corner of Patrick Country Road and Cantrell Road about 1 mile
east of the property in question to accommodate proposed development.
The applicant’s property and the expanded area is shown as Single Family and
is bordered on the north and east with land shown as Single Family. The land
across Cantrell Road to the south is shown as Commercial. The property to the
west of the expanded area is shown as Commercial with a strip of Park / Open
Space along Cantrell Road.
The land to the north and east of the applicant’s property is the subject of
another item on this agenda for a change from Single Family to Office and
Commercial.
MASTER STREET PLAN:
Cantrell Road is shown on the Master Street Plan as a Principal Arterial and is
built as a four-lane highway with an additional center turn lane. A Class II
Bikeway is shown along Cantrell Road from Ferndale Cutoff Road to
Chenonceau Boulevard. A Class II Bikeway does not require any additional
paving or Right-of-way.
Cantrell Road is a State Highway, little or no direct access should be permitted to
this Principal Arterial. If a curb must be done along a state highway, it would
need to be done in a manner that would protect the flow of traffic. Development
of the applicant’s property would need to be done in a manner that would not
disrupt the flow of traffic on the state highway. Shared drives to limit curb cuts
along Cantrell are an option to provide access to the applicant’s property and to
minimize interruptions to traffic flow.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the study
area is located inside a Service Deficit Area. Since adequate Park and Open
Space amenities are needed in the area, such facilities will need to be developed
December 18, 2003
ITEM NO.: 11 (Cont.) FILE NO.: LU03-20-02
3
within an eight-block walking distance. Development of Park and Open Space
facilities will need to be done to conform to the Plan’s Eight-Block strategy of
providing park facilities within eight-blocks of all residents of the City of Little
Rock.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
The applicant’s property is located near an expanding node of Commercial uses
centered on the intersection of Cantrell Road with Chenal Parkway. Although
much of this area is currently vacant, the intersection between two Principal
Arterials makes this location a prime area for retail uses to locate in the future. If
the plan amendment covering the neighboring areas to the north and east is
approved for changes to non-residential uses, the future viability of residential
uses at this location is even further reduced.
The applicant’s property, and the property in the expanded area, is subject to the
requirement of the Highway 10 Design Overlay District. Any development within
Areas 1 and 5 would need to conform to the design standards of the Highway 10
DOD. The purpose of the Highway 10 DOD is to preserve scenic value of the
Highway 10 DOD through the requirement of PZD’s.
Since the neighboring properties to the north and east are the subject of a land
use plan amendment for a change to Commercial and Office, the amount of land
shown as Commercial at the northeast corner of Cantrell and Chenal would be
greatly expanded. The land shown as Commercial on the northeast corner of
Cantrell and Chenal would mirror the land shown as Commercial at the
southeast corner. Combining both this item, and the other item for the adjacent
area on this agenda, this amendment would double the amount of land shown as
Commercial along Cantrell Road east of the Cantrell / Chenal intersection west
of Pleasant Valley Farm Road.
This proposed change along with the neighboring proposed changes to
Commercial would greatly expand the amount of land available in the area for
Commercial uses. However, if the neighboring changes to Commercial and
Office are approved, and this proposal is not, the remaining area shown as
December 18, 2003
ITEM NO.: 11 (Cont.) FILE NO.: LU03-20-02
4
Single Family would be surrounded by incompatible uses. If the opposite action
occurs, with this proposed changed to Commercial approved and the changes
for neighboring properties are not approved, this change would be a smaller
increase in the area shown as Commercial that would be more centered on the
northeast corner of Cantrell and Chenal. In addition, the presence of a power
substation reduces the potential for all of the area shown as Commercial to be
developed for Commercial uses, just as it reduces the potential for neighboring
Single Family development. The new office developments that have occurred at
Cantrell Road and Ranch Boulevard filled in most of the land shown as Mixed
Office Commercial that would otherwise be available for Commercial uses
through the PZD process. This changes would provide land for straight
commercial uses located at the Cantrell / Chenal intersection and reinforce the
concentration of commercial nodes at major intersections along Cantrell Road
west of I-430.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
Property Owners Association, Bayonne Place Property Owners Association, Du
Quesne Place P.O.A., and Maywood Manor Neighborhood Association. Staff
has received one neutral comment from area residents.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate. A change to Commercial at this
location is compatible with the zoning and land uses shown across the street to
the south.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes
and 0 absent.
December 18, 2003
ITEM NO.: 11.1 FILE NO.: Z-7549
Owner: Glen and Gayla Gibbons and DLGFG Trust
Applicant: White-Daters and Associates
Location: 19420 Cantrell Road
Area: 2.11 acres
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Two (2) Single Family Residences
SURROUNDING LAND USE AND ZONING
North – Mini-warehouse development and undeveloped property;
zoned C-3 and R-2
South – Undeveloped property (across Cantrell Road); zoned C-3
East – Single family residence; zoned R-2
West – Utility sub-station; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Cantrell Road is classified on the Master Street Plan as a principal
arterial. A minimum dedication of right-of-way to 55 from centerline
will be required. Updated survey information showing the roadway
centerline and a legal description of the dedication will be required.
2. For commercial uses, this property would only be allowed only one
driveway located near the center of the property.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
December 18, 2003
ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7549
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
located within 300 feet who could be identified, and the Aberdeen Court
and DuQuesne Place Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
This request is located in the Pinnacle Planning District. The Land Use
Plan shows Single Family for this property. The applicant has applied for
C-3 General Commercial zoning for retail development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Glen and Gayla Gibbons and DLGFG Trust, owners of the 2.11 acre tract
at 19420 Cantrell Road, are requesting to rezone the property from “R-2”
Single Family District to “C-3” General Commercial District. The rezoning
is requested for future commercial development. The 2.11 acre property
contains two (2) single family residences which are located within the
north one-half of the property. There are two (2) gravel driveways from
Cantrell Road which serve as access to the property.
The general area of the intersection of Cantrell Road and Chenal Parkway
contains a mixture of zoning and uses, along with a large amount of
undeveloped property. There is a mini-warehouse development and
undeveloped R-2 zoned property immediately to the north, with
undeveloped C-3 zoned property to the south across Cantrell Road. A
utility sub-station is located to the west, with undeveloped C-3 zoned
property and a convenience store with gas pumps located further west at
the intersection of Cantrell Road and Chenal Parkway. A single family
residence is located immediately to the east, with a private school being
located further east along the north side of Cantrell Road. The property
immediately north and east of this site is proposed to be rezoned (see
items 8 and 8.1 on this agenda).
December 18, 2003
ITEM NO.: 11.1 (Cont.) FILE NO.: Z-7549
3
The City‘s Future Land Use Plan designates this property as Single
Family. The applicant has filed a Land Use Plan amendment for a
change to commercial, which is Item 11. on this agenda.
Staff is supportive of the requested C-3 zoning. Staff feels that C-3
zoning for this property is appropriate for the general area. The property
is located near the intersection of two (2) arterial streets, and across
Cantrell Road from a future large commercial development. Staff feels
that the proposed rezoning is a reasonable request, and will have no
adverse impact on the general area of the Cantrell Road/Chenal Parkway
intersection.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (DECEMBER 18, 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.
December 18, 2003
ITEM NO.: 12 FILE NO.: Z-7550
Owner: Deltic Timber Corporation
Applicant: White-Daters and Associates
Location: North side of Kanis Road, approximately 0.45
mile west of Chenal Parkway (at Edswood Road)
Area: 43.7 acres
Request: Rezone from R-2, MF-18, MF-24 and
PD-O to C-3
Purpose: Future Commercial Development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Undeveloped property; zoned PCD and C-2
South – Single family residences and undeveloped property (across Kanis
Road); zoned R-2 and C-3
East – Undeveloped property and an animal clinic; zoned R-2
West – Single family residence, undeveloped property and two commercial
buildings; zoned R-2 and C-3
A. PUBLIC WORKS COMMENTS:
1. Kanis Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
Note: The zoning plan labels this as Denny Road.
2. The Rahling Road extension is classified on the Master Street Plan as
a principal arterial. Dedication of right-of-way of 55 feet each side of
centerline will be required.
3. Dedication of right-of-way for the Champagnolle Drive extension is
required.
December 18, 2003
ITEM NO.: 12 (Cont.) FILE NO.: Z-7550
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a CATA bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and all residents
located within 300 feet who could be identified were notified of the public
hearing. There was no nearby established neighborhood association to
notify.
D. LAND USE ELEMENT:
This request is located in the Chenal Planning District. The Land Use
Plan shows Commercial for this property. The applicant has applied for
C-3 General Commercial zoning for new retail development.
The request does not require a change to the Land Use Plan.
City Recognized Neighborhood Action Plan:
The property under review is not located in an area covered by a City of
Little Rock recognized neighborhood action plan.
E. STAFF ANALYSIS:
Deltic Timber Corporation, owner of the 43.7 acres along and north of
Kanis Road at Edswood Road, is requesting to rezone the property from
R-2, MF-18, MF-24 and PD-O to “C-3” General Commercial. The
rezoning is requested for future commercial development. The majority of
the property is zoned multifamily (MF-18 and MF-24). A portion of the
property is zoned PD-O and was a future phase of the GMAC office
development at the corner of Chenal Parkway and LaGrande Drive.
The 43.7 acre property is currently undeveloped and partially tree-
covered. The property has varying degrees of slope.
The general area contains a mixture of zoning and uses, with a large
amount of undeveloped property. The property north of the proposed
rezoning is undeveloped and zoned PCD and C-2. There are single
family homes on large tracts and undeveloped C-3 zoned property to the
south across Kanis Road. There is undeveloped R-2 zoned property and
an animal clinic to the east, with single family homes further east. There
December 18, 2003
ITEM NO.: 12 (Cont.) FILE NO.: Z-7550
3
is a single family residence, undeveloped property and two (2) commercial
buildings to the west along the north side of Kanis Road.
The City’s Future Land Use Plan designates the property on the north
side of Kanis Road at Edswood Road as Commercial. The requested C-3
zoning does not require a change to the Land Use Plan.
Staff is not supportive of the rezoning to C-3 as proposed by the applicant.
The City’s Master Street Plan shows Rahling Road (west loop) crossing
Chenal Parkway, running through the center of this property and
intersecting with Kanis Road, aligning with Edswood Road. This will
create a principal arterial (Rahling Road) /minor arterial (Kanis Road)
intersection. Therefore, staff could support the rezoning of the south 8.17
acres which fronts on Kanis Road from MF-24 and R-2 to C-3. Staff
believes C-3 zoning will be appropriate at this future intersection of two (2)
arterial streets. However, staff feels that the rezoning of the remaining
north 35 acres is premature at this time. Staff feels that a rezoning of the
larger portion should be addressed at a later date, when development of
this area is eminent.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Jack McCray was present, representing the application. There was one (1)
person present in opposition. Staff noted that the applicant had revised the
rezoning application to remove the north 35± acres from the agenda and
proposed only to rezone the south 8.17 acres which fronts on Kanis Road. Staff
recommended approval of the revised application.
Jack McCray addressed the Commission in support of the application. He
described the future intersection of Rahling Road and Kanis Road.
Randy Wright addressed the Commission in opposition. He stated that he was
speaking for neighbors in the area. He described past rezoning attempts to C-3
west and south of this property. He explained that Kanis and Edswood were
currently narrow streets. He stated that he was not opposed to growth in the
area, but opposed blanket C-3 zoning. He stated that he would be glad to work
with the developer with respect to a specific commercial development plan.
December 18, 2003
ITEM NO.: 12 (Cont.) FILE NO.: Z-7550
4
Commissioner Adcock asked Mr. Wright what his vision for the area was.
Mr. Wright explained that he would like not to have large developments and
explained. There was a brief discussion of this issue.
Mr. Wright noted that he had a petition in opposition.
Mr. McCray noted that this was the first time Deltic Timber had asked to rezone
this property. He explained that the City’s Master Street Plan calls for a principal
arterial (Rahling Road) to go through this property and intersect with Kanis Road.
He further explained that a quality development would be planned for the
property, especially given the cost of the Rahling Road construction.
Commissioner Adcock asked Mr. McCray what he envisioned for the property.
He noted that the he would like a quality commercial retail development.
Commissioner Adcock expressed concern with someone else developing the
property after it is rezoned. Mr. McCray explained that the property falls under
the development covenants of the Chenal area (Deltic Timber property).
There was a motion to approve the application as revised and recommended by
staff. The motion passed by a vote of 6 ayes, 3 nays and 2 absent. The
application was approved.
December 18, 2003
ITEM NO.: 13 FILE NO.: LU03-19-04
Name: Land Use Plan Amendment - Chenal Planning District
Location: South side of Rahling Road near Champlin Drive.
Request: Office to Mixed Use
Source: Deltic Timber Co. c/o Larkin Gieringer, White - Daters & Associates
PROPOSAL / REQUEST:
Land Use Plan amendment in the Chenal Planning District from Office to Mixed
Use. The Mixed Use category provides for a mixture of residential, office and
commercial uses to occur. A Planned Zoning District is required if the use is
entirely office or commercial or if the use is a mix of the three. The applicant
wishes to develop the property for either commercial or office uses.
Staff is not expanding the application since the Land Use Plan was recently
amended to change the property to the west from Office to Multifamily, and the
land to the south was the subject of a plan amendment heard before the
Planning Commission on December 4, 2003.
EXISTING LAND USE AND ZONING:
The property is vacant land currently zoned C-1 Neighborhood Commercial and
O-3 General Office along the west side of Champlin Drive and O-3 on the south
side of Rahling Road east of Champlin for a combined total of about 11.79 acres
± in size. The southeast corner of Rahling and Champlin is zoned C-1. The
property on the north side of Rahling Road is largely vacant, with a vacant parcel
zoned C-1 at the northeast corner of Rahling and Chenal Valley Drive, and O-2
Office and Institutional at the northwest corner of Rahling and Champlin. The
one exception is the church on the north side of Rahling zoned R-2 Single Family
with a Conditional Use Permit. The remainder of the R-2 zoned land north of the
application area remains vacant. The neighboring land on the south side of
Rahling Road is vacant land zoned R-2. South of the study area is an apartment
complex on the east side of Champlin zoned MF-18 Multifamily. The remainder
of the vacant land to the south is zoned R-2. The vacant land to the west on the
south side of the Rahling / Chenal Valley intersection is zoned MF-18.
December 18, 2003
ITEM NO.: 13 (Cont.) FILE NO.: LU03-19-04
2
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
On June 17, 2003 multiple changes were made from Multifamily to Low Density
Residential, Office to Multifamily, Single Family & Multifamily to Low Density
Residential on the south side of Rahling Road at Chenal Valley Drive within a 1
mile radius of the applicant’s property to accommodate proposed development.
On September 18, 2001 a change was made from Low Density Residential and
Public Institutional to Single Family on the west side of Rahling Road west of
Pebble Beach Drive about 1 mile north of the application area to recognize
existing conditions.
On September 18, 2001 a change was made from Single Family to
Neighborhood Commercial and Office on the northwest corner of Rahling Road
& Chenal Valley Drive across the street to the north of the study area to
accommodate proposed development.
On April 17, 2001 a change was made from Single Family, Multifamily, and Park
/ Open Space to Community Shopping at the southwest corner of Chenal
Parkway and Rahling Road about a ½ mile west of the property under review to
accommodate proposed development.
On January 4, 2000 a change was made from Office to Mixed Office Commercial
at 15,500 Chenal Parkway about 1 mile southeast of the area under review to
accommodate proposed development.
On April 20, 1999 a change was made from Office to Commercial on Chenal
Parkway east of Kirk Road about 1 mile south of the property in question to
accommodate proposed development.
On December 15, 1998 a change was made from Single Family to Public
Institutional at 715 Wellington Village Road about 1 mile southeast of the area in
question to recognize existing conditions.
The applicant’s properties along the west side of Champlin Drive are shown as
Office on the Future Land Use Plan. The applicant’s property east of Champlin
is shown as Office. The property at the southeast corner of the Rahling /
Champlin intersection is shown as Neighborhood Commercial. The north side of
Rahling Road is shown as Neighborhood Commercial at Chenal Valley Drive,
Office at Champlin Drive, and Single Family east of Champlin. The property to
the east on the south side of Rahling Road is shown as Single Family. Most of
the land to the south and west is shown as Multifamily. A small parcel shown as
Office sits at the end of Champlin Drive on the west side.
MASTER STREET PLAN:
Both Rahling Road and Champlin Drive are shown as Minor Arterials on the
Master Street Plan. Rahling Road and Champlin drive are built to standard.
December 18, 2003
ITEM NO.: 13 (Cont.) FILE NO.: LU03-19-04
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However, Champlin Drive does not have lane markings, and ends at a dead-end.
A proposed Minor Arterial is shown, which will link Champlin Drive to Wellington
Hills Road. There are no bikeways shown that would be affected by this
amendment.
PARKS:
The Little Rock Parks and Recreation Master Plan of 2001 shows that the study
area is located inside a Service Deficit Area. Since adequate Park and Open
Space amenities are needed in the area, such facilities will need to be developed
within an eight-block walking distance. Development of Park and Open Space
facilities will need to be done to conform to the Plan’s Eight-Block strategy of
providing park facilities within eight-blocks of all residents of the City of Little
Rock.
HISTORIC DISTRICTS:
There are no historic districts that would be affected by this amendment.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The applicant’s property is located in an area covered by the Rock Creek
Neighborhood Action Plan. The plan has an Action Statement listed under the
Office and Commercial Development Goal encouraging the use of Planned
Zoning Districts to insure better and more neighborhood friendly developments.
A change to Mixed Use would require the use of PZD’s for non-residential
development of the applicant’s property.
ANALYSIS:
This amendment would eliminate all of the land shown as Office along the south
side of Rahling Road at Champlin Drive. Most of the land shown as Office along
Chenal Parkway is developed with existing Office uses. Although Office uses
could develop within the framework of the PZD process, the location of the
application area at the intersection of two Minor Arterials increase the chance
that an area shown as Mixed Use would be developed with retail uses within the
framework of the PZD process. A change to Mixed Use, combined with the
Neighborhood Commercial shown on the southeast corner, could effectively
establish a node of retail uses at the Rahling / Champlin intersection.
Although the existing areas shown as Office have not developed with Office
uses, the areas shown, as Neighborhood Commercial have remained vacant.
The Neighborhood Commercial area shown is intended to provide land for
businesses that provide small-scale services to the surrounding neighborhood.
December 18, 2003
ITEM NO.: 13 (Cont.) FILE NO.: LU03-19-04
4
A change to Mixed Use would add land available for retail uses, which could
serve a larger market area than Neighborhood Commercial is intended to serve.
However, non-retail and non-residential uses could develop in an area shown as
Mixed Use. Any non-retail and residential uses locating in an area shown as
Mixed Use would reduce the area available for retail uses in an area shown as
Mixed Use.
Since the study area is surrounded on three sides by residential uses, this
amendment could intensify uses in an area surrounded by residential
development. Developments located in the portion of the study area located
along the west side of Champlin Drive would have frontage facing the existing
apartment complex. Developments locating in the study area located east of
Champlin Drive would have frontage facing an existing church. Depending on
the mix of uses, or the amount of potential commercial development, a change to
Mixed Use introduces the potential for a use to locate in the eastern part of the
area that might incompatible with the church. Since the areas shown as
Neighborhood Commercial are not yet developed, a change to Mixed Use would
increase the amount of land available for retail uses, when added to the land
currently available for retail uses shown as Neighborhood Commercial. In
addition, the most recent changes in the area reduced the amount of Office
shown at the intersection of Chenal Valley Drive and Rahling Road. If this
change is approved the only remaining land available along Rahling Road
between Chenal Valley Drive and Champlin Drive for straight Office uses would
be on the north side of Rahling Road.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Aberdeen Court
Property Owners Association, Bayonne Place Property Owners Association,
Carriage Creek Property Owners Association, Chenal Ridge Property Owners,
Du Quesne Place P.O.A., Eagle Pointe Property Owners Association, Glen
Eagles Property Owners Association, Hillsborough Property Owners Association,
Hunters Cove Property Owners Association, Hunters Green Property Owners
Association, Johnson Ranch Neighborhood Association, Marlowe Manor
Property Owners Association, Maywood Manor Neighborhood Association, St.
Charles Property Owners Association, Charleston Heights/North Rahling Rd
N.A., and Margeaux Place Property Owners Association. Staff has not received
any comments from area residents or Neighborhood Associations.
STAFF RECOMMENDATIONS:
Staff believes the changes are not appropriate. Changes in both areas could
result in new developments facing incompatible uses.
December 18, 2003
ITEM NO.: 13 (Cont.) FILE NO.: LU03-19-04
5
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Brian Minyard, City Staff, made a brief presentation to the commission and
commented that this was a Land Use Plan amendment without an associated
zoning request. He noted to the commission that with Mixed use to consider any
and all zoning for those parcels of land. He stressed that with Mixed on the Land
Use Plan, an applicant could file a PCD for these sites and it could be a
commercial node. He continued that Staff had been trying to keep commercial
developments to the south and southwest at the Chenal and Kanis intersections
as well as the Chenal and Rahling intersections. He stated that the Staff was not
in support of this application.
Commissioner Norm Floyd asked to verify that the applicant could apply for a
PCD on this site if the plan was changed. In response to another question,
Mr. Minyard stated that applicants are required to file Land Use Plan
Amendments so that Staff and the Planning Commission can review the Land
Use Plan when a zoning application is not consistent with the Land Use Plan.
Commissioner Mizan Rahman asked what zoning categories are permissible in
Mixed Use. Mr. Minyard responded that all uses in Commercial, Office and
Residential are compatible but no industrial. Commissioner Rahman continued
with a question about Champlin Drive. Mr. Minyard stated that Champlin Drive
would connect with Wellington Hills Road and that it was a Minor Arterial.
Mr. Minyard stated that with Office on the Land Use Plan, Staff considered it to
be an Office node, not a Commercial node.
Commissioner Pam Adcock commented on Mixed Use. Mr. Minyard stated that
Mixed Use had both good and bad qualities and should be considered per each
individual location. The Staff report reflects that the end result could be
Commercial on this site, and does the commission want Commercial at this
location. Commissioner Adcock asked for clarification on the Mixed Use
category.
Jim Lawson, Director of Planning and Development, stated that the applicant
was present and would want to speak.
Jack McCray, of Deltic Timber, spoke in favor of the application. He stated that
Office was not appropriate and that the change allows for a more intense
planning process through the PZD process.
Commissioner Rahman asked if there was a particular development in mind. The
answer was no. Commissioner Rahman stated that given the recommendation
of staff, the maybe the applicant should wait on the Land Use Plan amendment.
December 18, 2003
ITEM NO.: 13 (Cont.) FILE NO.: LU03-19-04
6
Jim Lawson, Planning and Development director, changed the recommendation
of Staff to approval. He continued that with the change to MX, it did not
guarantee that any zoning would be approved. A change to the Land Use Plan
amendment is not an automatic approval for zoning changes.
Commissioner Lowery stated that he thought considering the Land Use Plan
amendment without a zoning request was not right.
Commissioner Floyd asked if the current zoning was O-3 and C-1, why ask for a
plan amendment? Secretary Lawson stated that it gave more flexibility to the
applicant.
A motion was made to approve the item as presented. The item was approved
with a vote of 7 ayes, 2 noes, and 2 absent.
December 18, 2003
ITEM NO.: 14 Design Overlay District
Name: Highway 10 Scenic Corridor Design Overlay District Extension
Location: Highway 10 from Highway 300 west to the planning boundary
Request: Extension of Design Overlay District
Source: Staff
PROPOSAL / REQUEST:
This request is to expand the existing Highway 10 Scenic Corridor Design
Overlay District Section 36-343. through Section 36-348. The only change
sought is the area covered in Section 36-344. It states that the current
boundaries as “all land with Highway 10 frontage lying within three hundred (300)
feet of each side of the right-of-way of Highway 10 from the western boundary of
the intersection of Rodney Parham Road and Highway 10 to the eastern
boundary of Highway 10 and Highway 300”. The proposed is to read “all land
with Highway 10 frontage lying within three hundred (300) feet of each side of
the right-of-way of Highway 10 from the western boundary of the intersection of
Rodney Parham Road and Highway 10 to the western boundary of the planning
boundary along of Highway 10”.
EXISTING LAND USE AND ZONING:
The subject area along the corridor is primarily zoned residential, R-2, along the
entirety of the corridor with a few exceptions. There are two commercially zoned
properties at Hood Road and Barrett Road zoned C-1 and C-3 respectively.
There is one PID at the western end of Morgan Cemetery Road and one parcel
of AF zoned land at Lois Lane.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The corridor is shown as primarily Single Family and Park/Open Space. The
Park/Open Space follows the Nowlin Creek and the Maumelle River. There are
two areas shown as Neighborhood Commercial and Commercial at Hood Road
and Barrett Road respectively. An area of Low Density Residential is shown on
both sides of Highway 10 west of Ferndale Cutoff extending west to the eastern
edge of the Commercial area at Barrett. Lastly, the Robinson schools complex
on both sides of Highway 10 is shown as Public Institutional.
December 18, 2003
ITEM NO.: 14 (Cont.) Design Overlay District
2
MASTER STREET PLAN:
Highway 10 is shown as a Principal Arterial for the entirety of the subject area.
Ferndale Cutoff is also shown as a principal Arterial while Garrison Road is
shown as a Minor Arterial. Chalamont (Northridge), Barrett Road and the
eastern leg of Morgan Cemetery Road are shown as Collectors. None of these
roads are built to the ultimate design standard.
CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN:
The property under review is not located in an area covered by a City of Little
Rock recognized neighborhood action plan.
ANALYSIS:
This request is to expand the current DOD to the western edge of the Planning
Boundary. The current DOD has been in place for 13 plus years. This request
does not change any of the following: the Purpose And Intent Of The Overlay,
Application Of District Regulations, Site Design And Development Standards,
Commercial Developments And Multiple Building Site Regulations, nor the
Exceptions.
As quoted in the October 17, 1989 Planning Commission minutes, the original
overlay district’s purpose was to “set a theme, to have an effective and safe
arterial system, and to work with the existing topography and vegetation. It had
special setbacks, signage, etc. requirements to meet these goals.” Following is
an excerpt of the Little Rock Code. Section 36-343. states “The purpose of
establishing this district is to protect and enhance the aesthetic and visual
character of the lands surrounding Highway 10. In particular the purposes of this
district are as follows:
(1) To protect and enhance the scenic quality of the Highway 10 corridor by
providing for sensitive developments which will maximize the natural foliage
and terrain while also providing planted buffer and landscaped areas.
(2) To allow land use patterns compatible with present and future traffic
capacity for Highway
(3) To create a distinctive parkway atmosphere along Highway 10 by
encouraging substantial building setbacks, extensive landscaping and
uniform tree plantings.
(4) To minimize the number of curb cuts along Highway 10 so that the roadway
will function at an efficient level of service.
December 18, 2003
ITEM NO.: 14 (Cont.) Design Overlay District
3
(5) To facilitate transition of areas from less to more intense land uses along
Highway 10 without the undesired effects of small lot strip development.
(6) To create standards for signage and parking lot lighting which are in
keeping with the intent of this article.”
The major goals of the Design Overlay District can only be effectively achieved if
the entire corridor is covered by the DOD. Several factors have prompted Staff
to bring this at this time: the expansion of the planning boundary last year, the
re-zonings in the subject area and western reaches of the existing area, the
ability to tie the expansion of the district with any planning boundary changes
and to be able to treat all development along Highway 10 in our jurisdiction
equally. If substantial development occurs before the adoption of the Overlay
District, the results of the overlay will be negated.
Highway 10 was the first overlay district in the city and was selected as such due
to development pressures along that corridor. Staff feels that development
pressures will continue along that corridor into the expanded extraterritorial
boundary.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: Du Quesne Place
Property Owners Association and Greystone Manor Neighborhood Association.
Fifty-five property owners with frontage along Highway ten as identified by the
County Tax Assessors Office were notified. Staff has received 1 comment from
area residents with questions.
STAFF RECOMMENDATIONS:
Staff believes the change to the boundaries is appropriate.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
The item was placed on the consent agenda for approval. A motion was made
to approve the consent agenda and was approved with a vote of 11 ayes, 0 noes
and 0 absent.
December 18, 2003
ITEM NO.: 15 FILE NO.: Z-7551
Name: Elliott Day Care Family Home – Special Use Permit
Location: 1100 North Taylor Street
Applicant: Heather Elliott/Patrick McGetrick
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 1100 North Taylor
Street.
PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents located
within 300 feet who could be identified, and the Hillcrest and Prospect Terrace
Neighborhood Associations were notified of this request.
STAFF ANALYSIS:
1100 North Taylor Street is located on the west side of North Taylor, at its
intersection with “J” Street. All surrounding properties are zoned R-2 and are
occupied by single family residences. Forest Heights Jr. High School is located
one block to the west. Holy Souls Church and School and the Francis Allen
School are located two blocks to the southeast. An MF-12 zoned condominium
development is located one block to the northwest.
The applicant’s home is a one-story, frame and stucco structure and is typical of
homes in the neighborhood. The property shares a deep, double-wide driveway,
constructed in the undeveloped “J” Street right-of-way, with the property to the
south. The portion of the rear yard nearest the house is fenced for use as a play
area. The remainder of the rear yard is wooded. North Taylor Street, at this
location, is broad with curb and gutter on both sides. The street does not appear
to be heavily traveled.
The applicant currently keeps 4 children. Keeping up to 5 children does not
require regulation by the City. She proposes keeping no more than 10 children
but likely will have 6-8 children on most days. Hours of operation are proposed
as Monday through Friday, 7:30 a.m. – 5:30 p.m. The applicant will be the sole
caregiver. On the rare occasion when the applicant cannot keep the children
(Doctor’s appointment, etc…). A substitute (family member) will come to the
residence and watch over the children.
The principal use of the property will remain single family residential. No signage
beyond that permitted in single family zones will be permitted. The applicant will
December 18, 2003
ITEM NO.: 15 (Cont.) FILE NO.: Z-7551
2
apply for a license from the State Department of Human Services upon receiving
approval from the City. The applicant’s Engineer has stated there is no longer a
valid bill of assurance for this subdivision; Hollenberg Addition.
Section 36-54(e)(3) of the City of Little Rock Zoning Ordinance establishes the
site and location criteria for day care family homes as follows:
a. This use may be located only in a single family home, occupied by the care
giver.
b. Must be operated within licensing procedures established by the State of
Arkansas. State regulations shall control the number of employees residing
off premises.
c. The use is limited to ten (10) children including the care givers.
d. The minimum to qualify for special use permit is six (6) children from
households other than the care givers.
e. This use must obtain a special use permit in all districts where day care
centers are not allowed by right.
Special Use Permits are not transferable in any manner. Permits cannot be
transferred from owner to owner, location to location or use to use.
To staff’s knowledge, there are no outstanding issues associated with this
application. Staff feels that the proposed day care family home at this location
will have no adverse impact on the general area.
Staff Recommendations:
Staff recommends approval of the Special Use Permit to allow a day care family
home at 1100 North Taylor Street, subject to the following conditions:
1. Compliance with the site and location criteria established in Section
36-54(e)(3).
2. There is to be no signage beyond that permitted in single family zones.
3. Outdoor activities, including playground use, are to be limited to day-light
hours.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2003)
Patrick McGetrick was present representing the application. There were several
objectors present. At this point, only 8 commissioners were present. As is the
Commission’s practice, the applicant was offered the opportunity to defer.
Mr. McGetrick requested the deferral.
December 18, 2003
ITEM NO.: 15 (Cont.) FILE NO.: Z-7551
3
A motion was made to defer the item to the February 12, 2004 meeting. The
motion was approved by a vote of 6 ayes, 2 noes and 3 absent.
After the vote, one of the objectors presented a petition in opposition to the
proposed day care family home.