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LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
JUNE 22, 2017
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
II. Members Present: Craig Berry
Alan Bubbus
Buelah Bynum
Keith Cox
Janet Dillon
Rebecca Finney
Scott Hamilton
Troy Laha
Paul Latture
Bill May
Robert Stebbins
Members Absent: None
City Attorney: Shawn Overton
III. Approval of the Minutes of the May 11, 2017 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
JUNE 22, 2017
4:00 P.M.
I. OLD BUSINESS:
NO OLD BUSINESS
II. NEW BUSINESS:
Item Number:
File Number:
Title:
1. Z-2502-D Body of Christ Worship Center – Conditional Use Permit
SW corner of West 40th and Whitfield Streets
2. LU17-01 West – Southern Land Use Plan Amendment
Package of Eight Amendment Areas
West of I-430 and South of Chenal Parkway/Kanis Road
3. Proposed Amendments to Various Provisions of
Chapter 36 of the Code of Ordinances regarding
medical marijuana dispensaries and cultivation facilities
in compliance with Amendment 98 to the Arkansas
State Constitution
June 22, 2017
ITEM NO.: 1 FILE NO.: Z-2502-D
NAME: Body of Christ Worship Center – Conditional
Use Permit
LOCATION: SW corner of West 40th Street and Whitfield Street
OWNER/APPLICANT: Body of Christ Worship Center/Ron Woods, Architect
PROPOSAL: A conditional use permit is requested to allow
construction of a new church on this vacant, 6.1± acre
tract. The property is currently zoned PCD. An
application has been filed to revoke to PCD and to
restore the underlying MF-12 zoning.
1. SITE LOCATION:
The property is located at the SW corner of West 40th Street and Whitfield
Street, at the south perimeter of the John Barrow neighborhood.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located at the southern edge of the John Barrow neighborhood
where the uses begin to transition to the non-residential located along
Colonel Glenn Road. Single family homes are located to the north. Five
single family homes and a tract of vacant land are located to the west.
The properties to the east contain a variety of uses including residences,
a church, a school and a sorority operated outreach center. A variety of
commercial and industrial uses are located along Colonel Glenn to the
south.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the John Barrow Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The parking requirement for a church is 1 space for every 4 seats in the
worship area. This church will have seating for 533 persons, requiring
133 parking spaces. The plan indicates 125 spaces with plenty of room to
add more spaces, if needed. Access to the site is via a single driveway off
of West 40th.
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
2
4. SCREENING AND BUFFERS:
Any new development will need to adhere to the current landscape code.
A perimeter planting strip is required along any side of a vehicular use
area that abuts adjoining property or the right-of-way of any street. This
strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs
or vines shall be planted for every thirty (30) linear feet of perimeter
planting strip.
Eight percent (8%) of the vehicular use area must be designated for
green space; this green space needs to be evenly distributed throughout
the parking area(s). The minimum size of an interior landscape area shall
be one hundred fifty (150) square feet for developments with one hundred
fifty (150) or fewer parking spaces. Interior islands must be a minimum
of seven and one half (7 1/2) feet in width. Trees shall be included in
the interior landscape areas at the rate of one (1) tree for every twelve
(12) parking spaces.
Screening requirements will need to be met for the vehicular use areas
adjacent to street right-of-ways. Provide screening shrubs with an average
linear spacing of not less at three (3) feet within the required landscape
area. Provide trees with an average linear spacing of not less than thirty
(30) feet.
An automatic irrigation system to water landscaped areas shall be required
for developments of one (1) acre or larger.
The development of two (2) acres or more requires the landscape plan to
be stamped with the seal of a Registered Landscape Architect.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that W. 40th Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
2. A 20 feet radial dedication of right-of-way is required at the
intersection of W. 40th St. and Whitfield St.
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
3
3. Due to the proposed use of the property, the Master Street Plan
specifies that Whitfield Street for the frontage of this property must
meet commercial street standards. Dedicate right-of-way to 30 feet
from centerline.
4. With site development, provide design of street conforming to the
Master Street Plan. Construct one-half street improvement to
Whitfield Street including 5-foot sidewalk with planned development
to the south property line. The new back of curb should be located
15.5 ft. from the center of the existing street. On the south end of
Whitfield St at least 20 ft. of paved street must be provided.
5. Storm water detention ordinance applies to this property. Show the
proposed location for stormwater detention facilities on the plan.
Maintenance of the detention pond and all private drainage
improvements is the responsibility of the developer and/or property
owner.
6. A grading permit in accordance with section 29-186 (c) & (d) will be
required prior to any land clearing or grading activities at the site.
Other than residential subdivisions, site grading and drainage plans
must be submitted and approved prior to the start of construction.
7. Repair or replace any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
8. If disturbed area is 1 or more acres, obtain a NPDES storm water
permit from the Arkansas Department of Environmental Quality prior
to the start of construction.
9. Street lights are required by Section 31-403 of the LR code. Provide
plans for approval to Traffic Engineering. Street lights must be
installed prior to platting/certificate of occupancy. Contact Traffic
Engineer 379-1813 (Greg Simmons) for more info.
10. Hauling of fill material on or off site over municipal streets and roa ds
requires approval prior to a grading permit being issued. Contact
Public Works Traffic Engineering at 621 S. Broadway, (501) 379 -
1805 (Travis Herbner) for more information.
11. Driveway locations and widths do not meet the traffic access and
circulation requirements of Sections 30-43 and 31-210. Driveway
spacing on a commercial street is 250 ft from other driveways and
intersections and 125 ft from the side property line. The width of
driveway must not exceed 36 feet. A variance must be requested for
the driveway location.
12. Damage to public and private property due to hauling operations or
operation of construction related equipment from a nearby
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
4
construction site shall be repaired by the responsible party prior to
issuance of a certificate of occupancy.
6. UTILITY, FIRE DEPT. AND CATA COMMENTS:
Little Rock Wastewater: Sewer available to this site. EAD Analysis
required. Capacity Fee Analysis Required.
Entergy: Entergy does not object to this proposal. There do not appear
to be any conflicts with existing electrical utilities based on the information
provided. Power lines exist to the north along 40th Street. Contact Entergy
in advance to discuss electrical service requirements, or adjustments to
existing facilities (if any) as this proposal proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
Z-2502-D Southwest corner of west 40th and Whitfield
Full plan review
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section
D103.1 Access road width with a hydrant. Where a fire hydrant is
located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire
apparatus access roads shall not exceed 10 percent in grade except as
approved by the fire chief.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and
loading. Facilities, buildings or portions of buildings hereafter constructe d
shall be accessible to fire department apparatus by way of an approved
fire apparatus access road with an asphalt, concrete or other approved
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
5
driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds.
30’ Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1
Section D105.1 – D105.4
D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface e xceed 30’, approved aerial fire
apparatus access roads shall be provided. For the purposes of this section
the highest roof surfaces shall be determined by measurement to the eave
of a pitched roof, the intersection of a roof to the exterior wall, or the t op of
the parapet walls, whichever is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a
minimum unobstructed with of 26’, exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
D105.3 Proximity to building. At least one of the required access
routes meeting this condition shall be located within a minimum of 15 feet
and a maximum of 30 feet from the building, and shall be positioned
parallel to one entire side of the building. The side of the building on which
the aerial fire apparatus access road is positioned shall be approved by
the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the aerial
fire apparatus road and the building. Other obstructions shall be permitted
to be places with the approval of the fire code official.
Gates
Maintain fire apparatus access road gates as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire
apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation
by one person.
4. Gate components shall be maintained in an operable condition at all
times and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
6
entry tools or when a key box containing the keys to the lock is
installed at the gate location.
7.Locking device specifications shall be submitted for approval by the
fire code official.
8.Electric gate operators, where provided, shall be listed in accordance
with UL 325.
9.Gates, intended for automatic operation shall be designed, constructed
and installed to comply with requirements of ASTM F 2200.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire
Prevention Code. Section C101 – C105, in conjunction with Central
Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire
Marshal’s Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue
501-918-3754). Number and Distribution of Fire Hydrants as per Table
C105.1.
County Planning: No comments.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MAY 31, 2017)
There was no Subdivision Committee meeting. Staff met with the applicant and
discussed all comments received from the various reviewing agencies as noted
in Sections 4, 5 and 6. Staff requested some additional information on specifics
of the proposal. The applicant was advised to submit responses by June 7 and
to contact the specific reviewing agency if there were any questions.
STAFF ANALYSIS:
Body of Christ Worship Center is requesting approval of a conditional use permit to
allow for construction of a new church facility on the vacant property located at the
SW corner of West 40th and Whitfield Streets. The property is currently zoned
PCD. On June 8, 2017, the Commission voted to recommend approval of the
applicant’s request to revoke the PCD zoning and to restore the underlying MF-12
zoning. That request has been sent to the Board of Directors for final action.
The proposal consists of a single, multi-purpose building and a 125 space parking
lot. The church anticipates returning to the commission for further review of
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
7
additional phases in the future. The building contains a large open area that will
serve as the sanctuary but can also be used as a gymnasium/fellowship hall. The
remaining area will be occupied by classrooms, offices, a kitchen and a
café/gathering area. The building exterior has not been designed; however, the
vision of the pastor is to have a modern aesthetic with a combination of glass and
metal panels as the exterior materials. The building will have a maximum height of
35 feet, as allowed in MF-12. The structure will have a sloped, standing seam
metal roof.
The church’s normal hours of operation are Monday t hrough Saturday 9:00 a.m.
to 5:00 p.m. Wednesdays 9:00 a.m. to 9:00 p.m. and Sundays (excluding special
services or activities) 9:00 a.m. to 3:00 p.m. No additional activities such as day
care or private school are proposed. No outside use is proposed other than a
typical play area for children and congregants. Signage will comply with that
allowed in office and institutional zones. All site lighting will be directional, shielded
downward and into the site.
To staff’s knowledge, there are no outstanding issues. The proposed church
should be compatible with uses in the area. There is no bill of assurance for
this tract.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, subject to compliance with
the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. All site lighting is to be shielded downward and into the site.
3. Dumpster service hours are to be limited to 7:00 a.m. – 6:00 p.m., Monday
through Friday.
4. Signage is to be that allowed in office and institutional zones.
PLANNING COMMISSION ACTION: (JUNE 22, 2017)
The applicants were present. There were no objectors present. Carolyn Heitman,
President of the John Barrow Neighborhood Association, was present in support
of the item.
June 22, 2017
ITEM NO.: 1 (Cont.) FILE NO.: Z-2502-D
8
Staff presented the item and a recommendation of approval as outlined in the
“staff recommendation” above. Staff also noted for the record that this approval
was for only the one building and its use as a church. It was noted that the
church did have long range plans to add additional buildings, parking and uses
but any expansion beyond the current application would have to come back to
the commission as a revision to the CUP.
There was no further discussion. The item was placed on the consent agenda
and approved by a vote of 11 ayes, 0 noes and 0 absent.
June 22, 2017
ITEM NO.: 2 FILE NO.: LU17-01
Name: Southwestern Area Land Use Plan Amendment
Location: South of Chenal Parkway/Kanis Road and west of Interstate-430
Request: Various
Source: Staff
PROPOSAL / REQUEST:
As part of the City’s efforts to keep the Future Land Use Plan current, Staff reviewed the
Plan in the area south of Chenal Parkway/Kanis Road and west of Interstate -430. The
package has eight areas with changes:
Area 1 is generally south of Kanis Road between Rock Creek and Edswood Road. The
change is from Residential High Density to Suburban Office District. The Suburban
Office category provides for low intensity development of office or office parks in close
proximity to lower density residential areas to assure compatibility. A Planned Zoning
District is required.
Area 2 is generally north of Colonel Glenn Road, between Faulkner Road and Jabo
Lake Road. The change is from Agricultural to Residential Low Density. Residential
Low Density provides for single family homes at densities not to exceed 6 units per
acre. Such residential development is typically characterized by conventional single
family homes, but may include patio or garden homes and cluster homes, provided that
the density remain less than 6 units per acre.
Area 3 is generally south of Colonel Glenn Road, between Marsh Road and Hickory
Lake Drive. The change is from Residential Low Density to Mixed Office Commercial
District. Mixed Office Commercial provides for a mixture of office and commercial uses
to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning
District is required if the use is mixed office and commercial.
Area 4 is the southeast corner of Rocky Lane and Colonel Glenn Road. The change is
from Residential Low Density to Mixed Use. Mixed Use category provides for a mixture
of residential, office and commercial uses to occur. A Planned Zoning District is required
if the use is entirely office or commercial or if the use is a mixture of the three.
Area 5 is generally north of Lawson Road and east of Marsh Road. The change is from
Residential Medium Density to Residential Low Density. Residential Low Density
provides for single family homes at densities not to exceed 6 units per acre. Such
residential development is typically characterized by conventional single family homes,
June 22, 2017
ITEM NO.: 2 (Cont.) FILE NO.: LU17-01
2
but may include patio or garden homes and cluster homes, provided that the density
remain less than 6 units per acre.
Area 6 is generally north of Whipoorwill Lane and west of Crystal Lane. The change is
from Public Institutional to Residential Low Density. Residential Low Density provides
for single family homes at densities not to exceed 6 units per acre. Such residential
development is typically characterized by conventional single family homes, but may
include patio or garden homes and cluster homes, provided that the density remain less
than 6 units per acre.
Area 7 is generally south of Lawson Road along McHenry Creek. The change is from
Light Industrial to Park/Open Space. Park/Open Space includes all public parks,
recreation facilities, greenbelts, flood plains, and other designated open space and
recreational land.
Area 8 is generally south of Woodlands Trail at Fox Den Trail. The change is from
Residential Low Density to Park/Open Space. Park/Open Space includes all public
parks, recreation facilities, greenbelts, flood plains, and other designated open space
and recreational land.
ANALYSIS:
The Planning and Development staff began reviewing this area in December 2016. The
existing development pattern, as well as existing zoning and recent re -classification
actions were reviewed. Letters were sent to all neighborhood associations in the area
asking for suggested changes in the area. In January after receiving only some general
guidelines on what should be reviewed and allowed, Staff began field reviews.
After field visits and discussions, Staff developed a package of changes and identified
affected property owners. All the affected property owners were contacted about the
possibility of changing the Land Use Plan designation of their property in March 2017.
Staff received a one informational phone call to the letter notifying them of the proposed
changes. The final package of changes was developed and property owners together
with neighborhood associations were contacted in mid-May about this public hearing to
consider the changes.
Staff believes this package of changes is a ‘clean-up’ to more accurately reflect the
current and likely future development pattern in the area of the changes. The resulting
‘package’ of changes should create a more accurate Future Land Use Plan all can use ,
whether public or private.
Area 1 is generally south of Kanis Road between Rock Creek and Edswood Road. The
change is from Residential High Density to Suburban Office District. To the east is C-3
(General Commercial District) zoning and the land is mostly wooded either side of
Edswood Road. To the north is O-2 (Office and Institutional District) and C-3 (General
June 22, 2017
ITEM NO.: 2 (Cont.) FILE NO.: LU17-01
3
Commercial District) zoned land partially development with two houses. To the south is
R-2 (Single Family District) zoned land with large lot single-family homes. To the east is
Rock Creek and R-2 (Single Family District) zoned land with a home. The area
proposed for the Land Use Plan change is zoned R-2 (Single Family District) and is
mostly developed with homes. The land north of Kanis Road is developing with a more
urban density, primarily non-residential. The land south of Kanis Road is developing as
larger lot single-family homes. The change to Suburban Office is a more ‘friendly’ use
type to larger lot homes, is density of structures and use.
Area 2 is generally north of Colonel Glenn Road, between Faulkne r Road and Jabo
Lake Road. The change is from Agricultural to Residential Low Density. To the north is
AF (Agriculture and Forestry District) and R-2 (Single-Family District) zoning with large
tracts of timber and agricultural land. To the west is not zoned and beyond the extra-
territorial jurisdiction of the City. To the south is R-2 (Single-Family District) zoning with
large tract residential and one C-3 (General Commercial District) Tract with a retail
business. To the east is R-2 (Single-Family District) zoning with large tracts and homes.
The change area is zoned R-2 (Single-Family District) and PRD (Planned Residential
District) with larger tracts with homes on them and one business. The area is rural
residential in nature – large tracts with homes along a major road way.
Area 3 is generally south of Colonel Glenn Road, between Marsh Road and Hickory
Lake Drive. The change is from Residential Low Density to Mixed Office Commercial
District. To the north is R-2 (Single Family District) zoned land with mobile homes and
stick-built homes. To the east is C-3 (General Commercial District) zoned land with
commercial businesses to Marsh Road. To the West is R-2 (Single Family District)
Land with large tract homes. To the south is R-2 (Single Family District) and PDO
(Planned Office District) zoned land that is larger tracts with homes. The change area is
zoned C-3 (General Commercial District) with a home and business. Based on the
current and surrounding zoning and use patterns the likely near to mid-term use pattern
is a non-residential (business) use.
Area 4 is the southeast corner of Rocky Lane and Colonel Glenn Road. The change is
from Residential Low Density to Mixed Use. To the west and north is PCD (Planned
Commercial District) zoned land with businesses. To the south and east is R-2 (Single
Family District) zoned land with large tracts and homes on most of the tracts. The
property shown for the change is zoned R-2 (Single Family District) and has a home on
it. But it is the only corner on the intersection that is not a business with a PCD zoning.
The change to Mixed Use does not require a change in use from residential but would
allow some non-residential use with the Planned Zoning District process to assure no
impacts on the properties to the south and east.
Area 5 is generally north of Lawson Road and east of Marsh Road. The change is from
Residential Medium Density to Residential Low Density. The land in all directions is
primarily zoned R-2 (Single Family District) with large tracts. The area is generally
wooded with single-family homes on many of the tracts. Immediately to the north is a
June 22, 2017
ITEM NO.: 2 (Cont.) FILE NO.: LU17-01
4
continuation of the single-family subdivision that this amendment area includes. The
subdivision is only partially developed with single-family homes. Along Colonel Glenn
Road to the south is a scattering of C-3 (General commercial District), PCD (Planned
Commercial District) and R-2 (Single Family District) with both businesses and homes.
Change area is the southern portion of a partially developed single-family subdivision.
This makes Residential Low Density more appropriate.
Area 6 is generally north of Whipoorwill Lane and west of Crystal Lane. The change is
from Public Institutional to Residential Low Density. The land in all directions is
primarily zoned R-2 (Single Family District) with large tracts. The area is generally
wooded with single-family homes on many of the tracts. To the southeast along Crystal
Valley Road there are a few PCD (Planned Commercial District) zone d tracts with
businesses. The change area is an accessory structure for the adjacent home making
Residential Low Density the most appropriate designation.
Area 7 is generally south of Lawson Road along McHenry Creek. The change is from
Light Industrial to Park/Open Space. To the north is I-3 (Heavy Industrial District) and M
(Mining District) with a mining operation, concrete plant, welding company and mini-
warehouses. To the south and west is I-2 (Light Industrial District) zoned land with
some mining operations. To the east is R-2 (Single Family District) zoned land that is
wooded. Change area is the floodplain of McHenry Creek which is shown as
Park/Open Space both upstream and downstream from this location.
Area 8 is generally south of Woodlands Trail at Fox Den Trail. The change is from
Residential Low Density to Park/Open Space. To the east, west and north is R-2 (Single
Family District) zoning with homes (Woodlands Edge subdivision). To the south is PRD
(Planned Residential District) zoning with some large tract homes. The proposed
change area is the Property Owners (POA) Park for the Woodlands Edge subdivision.
In response to the second notice mailed May 19, 2017, Staff received no contacts as a
result of this mailing.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood associations: John Barrow NA, Bentley
Court POA, Birchwood NA, Brodie Creek POA, Capital Lakes Estates, Chateaus on
Stagecoach, Kanis Creek HOA, Otter Creek HOA, Otter Creek Merchants Association ,
Parkway Place POA, Plantation Acre POA, Plantation House HOA, Sandpiper NA,
Spring Valley Manor POA, Wedgewood Creek HOA, Woodlands Edge Community
Association, and Coalition of LR Neighborhoods, Neighborhood Connections, SWLR
United for Progress. Letters were sent to over 30 property owners in the area. Staff
received several informational calls from area residents as a result of the initial mailing
on March 24. The second mailing on May 19 was sent to same property owners and
neighborhood associations to notify them of the public hearing.
June 22, 2017
ITEM NO.: 2 (Cont.) FILE NO.: LU17-01
5
STAFF RECOMMENDATIONS:
This package of amendments is designed to make the Future Land Use Plan more
reflective of current and likely mid-term future uses for this area. Staff recommends the
approval of the package of changes.
PLANNING COMMISSION ACTION: (JUNE 22, 2017)
Walter Malone, Planning Staff reviewed each of the eight changes proposed in the
package. Mr. Malone noted that staff had one contact and that was informational.
By a vote of 11 for, 0 against the item was approved as part of the consent agenda.
June 22, 2017
ITEM NO.: 3
SUBJECT: Proposed Amendments to Various Provisions of Chapter 36 of the
Code of Ordinances (the Zoning Ordinance) regarding placement
of medical marijuana dispensaries and cultivation facilities in
compliance with Amendment 98 to the Arkansas State Constitution.
STAFF REPORT:
The Medical Marijuana Amendment of 2016, Amendment 98, authorizes the
cultivation and distribution of medical marijuana. Three state agencies are
involved in implementing the provisions of the amendment. The Medical
Marijuana Commission and the Alcoholic Beverage Control Division administer
and enforce the provisions of the amendment concerning the location of the
dispensaries and cultivation facilities and the application process for operators
of those entities. The Department of Health will issue registry cards for patients.
Under Amendment 98, dispensaries are limited to between twenty (20) and forty
(40) in the State, with no more than four (4) dispensaries in any one county.
The Amendment permits at least four (4) but no more than eight (8) cultivation
facilities in the State. The Medical Marijuana Commission has authorized
thirty-two (32) dispensaries and five (5) cultivation facilities. One cultivation
facility is to be located in the central region of the state and the other four are
to be located in each corner quadrant.
The rules adopted by the Medical Marijuana Commission include a requirement
that any cultivation facility be at least 3,000 feet from a public or private school,
church or daycare existing before the date of the cultivation facility application.
The separation requirement from those protected uses is 1,500 feet for a
dispensary. The distance is to be measured property line to property line.
The Amendment permit cities, incorporated towns or counties to enact
reasonable zoning regulations applicable to medical marijuana dispensaries
and cultivation facilities, provided that those zoning regulations are the same
as those for a retail pharmacy.
Staff believes it is appropriate to incorporate the state -defined terms “medical
marijuana dispensary” and “medical marijuana cultivation facility” into the City’s
zoning ordinance and to place those two uses in the various zoning districts
where “drugstore or pharmacy” are permitted either by-right, as an accessory
use or as a conditional use.
Under the City’s zoning regulations, a drugstore or pharmacy is permitted in the
O-2 and O-3 office zoning districts as an accessory use not to occupy more than
ten (10) percent of the total floor area on the site. The use is permitted by-right
June 22, 2017
ITEM NO.: 3 (Cont.)
2
in the C-1, C-2 and C-3 Commercial Districts and as a conditional use in the C-4
Commercial and I-1, I-2 and I-3 Industrial Districts.
Staff believes it is appropriate to make the following amendments to Chapter 36:
1. Amend Chapter 36., Section 36-3 to add a new defined term “Medical
Marijuana Cultivation Facility” to read as follows:
Medical Marijuana Cultivation Facility means an entity which has
been licensed by the Medical Marijuana Commission and operated
in compliance with all applicable state rules that cultivates, prepares,
manufactures, processes, packages, sells and delivers usable
marijuana to a dispensary.
2. Amend Chapter 36., Section 36-3 to add a new defined term “Medical
Marijuana Dispensary” to read as follows:
Medical Marijuana Dispensary means an entity that has been
licensed by the Medical Marijuana Commission and operated in
compliance with all applicable state rules that sells medical
marijuana. This term also includes cultivating dispensaries.
3. Amend Chapter 36., Sections 36-280.(c) (2) and 36-281. (b)(2) [O-2 and O-3
Accessory Uses] to add and separately list “Medical Marijuana Cultivation
Facility” and “Medical Marijuana Dispensary” to the listing of accessory uses.
4. Amend Chapter 36., Sections 36-299.(c) (1), 36-300.(c) (1) and 36-301.(c)
(1) [C-2, C-3 and C-4 permitted uses] to add and separately list “Medical
Marijuana Cultivation Facility” and “Medical Marijuana Dispensary” to the
listing of permitted uses.
5. Amend Chapter 36., Sections 36-302.(c) (2), 36-319.(c) (2), 36-320.(c) (2)
and 36-321.(c) (2) [C-4, I-1, I-2 and I-3 conditional uses] to add and
separately list “Medical Marijuana Cultivation Facility” and “Medical
Marijuana Dispensary” to the listing of conditional uses.
Notice of the proposed Ordinance Amendments was sent to the contact list of
44 neighborhood coalitions and other interested parties.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendments.
June 22, 2017
ITEM NO.: 3 (Cont.)
3
PLANNING COMMISSION ACTION: (JUNE 22, 2017)
Staff presented the item and a recommendation of approval. Tim Daters, of
300 East 3rd Street, spoke to the commission and asked why the change was
being proposed. He stated the uses were to be regulated by the State and it
was not necessary to make the proposed code changes.
The planning staff explained the desire to place the uses in the code so as to
eliminate any questions about where the uses would be permitted. Staff stated
the proposed changes complied with the requirement under the amendment to
treat the medical marijuana dispensaries and cultivation facilities in the same
manner as retail pharmacies.
After a brief discussion, a motion was made to approve the propos ed changes.
The motion was seconded and approved by a vote of 10 ayes, 1 no and 0 absent.
Page 1 of 4
ORDINANCE NO. 1
2
AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF 3
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO 4
PROVIDE FOR THE DEFINITION OF MEDICAL MARIJUANA 5
DISPENSARY AND MEDICAL MARIJUANA CULTIVATION 6
FACILITY AND THE PLACEMENT OF THOSE USES IN THE 7
VARIOUS ZONING DISTRICTS; AND FOR OTHER PURPOSES. 8
9
WHEREAS, the Medical Marijuana Amendment of 2016, Amendment 98 to 10
the Arkansas State Constitution, authorizes the cultivation and distribution of medical 11
marijuana; and 12
13
WHEREAS, the Amendment permits cities, incorporated towns or counties 14
to enact reasonable zoning regulations applicable to medical marijuana dispensaries 15
and cultivation facilities, provided that those zoning regulations are the same as those 16
for a retail pharmacy; and 17
18
WHEREAS, it has been deemed appropriate to amend various provisions of 19
Chapter 36 of the Code of Ordinances of the city of Little Rock, Arkansas to provide 20
for the definition of medical marijuana dispensary and medical marijuana cultivation 21
facility and to place those uses in the various zoning districts in the same manner as 22
retail pharmacies (drugstore or pharmacy as defined in Chapter 36); and 23
24
WHEREAS, at its June 22, 2017 meeting, the Little Rock Planning 25
Commission voted to recommend approval of the proposed amendments. 26
27
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 28
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. 29
Page 2 of 4
SECTION 1. That various provisions of Chapter 36 of the Code of 1
Ordinances of the City of Little Rock, Arkansas be amended as follow: 2
3
Subsection (a). That Chapter 36, Section 36-3. be amended to provide 4
for the addition of two (2) new use definitions “Medical Marijuana 5
Dispensary” and “Medical Marijuana Cultivation Facility” to be placed in the 6
alphabetically appropriate locations in Section 36-3. said definitions to read as 7
follow: 8
9
Medical Marijuana Cultivation Facility means an entity which 10
has been licensed by the Medical Marijuana Commission and 11
operated in compliance with all applicable state rules that 12
cultivates, prepares, manufactures, processes, packages, sells and 13
delivers usable marijuana to a dispensary. 14
15
Medical Marijuana Dispensary means an entity that has been 16
licensed by the Medical Marijuana Commission and operated in 17
compliance with all applicable state rules that sells medical 18
marijuana. This term also includes cultivating dispensaries. 19
20
Subsection (b). That Chapter 36, Section 36-280. (c) (2) be amended 21
to add and separately list “Medical Marijuana Cultivation Facility” and 22
“Medical Marijuana Dispensary” to the listing of O-2 accessory uses. 23
24
Subsection (c). That Chapter 36, Section 36-281. (b) (2) be amended 25
to add and separately list “Medical Marijuana Cultivation Facility” and 26
“Medical Marijuana Dispensary” to the listing of O-3 accessory uses. 27
28
Page 3 of 4
Subsection (d). That Chapter 36, Section 36-299. (c) (1) be amended 1
to add and separately list “Medical Marijuana Cultivation Facility” and 2
“Medical Marijuana Dispensary” to the listing of C-1 permitted uses. 3
4
Subsection (e). That Chapter 36, Section 36-300. (c) (1) be amended 5
to add and separately list “Medical Marijuana Cultivation Facility” and 6
“Medical Marijuana Dispensary” to the listing of C-2 permitted uses. 7
8
Subsection (f). That Chapter 36, Section 36-301. (c) (1) be amended 9
to add and separately list “Medical Marijuana Cultivation Facility” and 10
“Medical Marijuana Dispensary” to the listing of C-3 permitted uses. 11
12
Subsection (g). That Chapter 36, Section 36-302. (c) (2) be amended 13
to add and separately list “Medical Marijuana Cultivation Facility” and 14
“Medical Marijuana Dispensary” to the listing of C-4 conditional uses. 15
16
Subsection (h). That Chapter 36, Section 36-319. (c) (2) be amended 17
to add and separately list “Medical Marijuana Cultivation Facility” and 18
“Medical Marijuana Dispensary” to the listing of I-1 conditional uses. 19
20
Subsection (i). That Chapter 36, Section 36-320. (c) (2) be amended 21
to add and separately list “Medical Marijuana Cultivation Facility” and 22
“Medical Marijuana Dispensary” to the listing of I-2 conditional uses. 23
24
Subsection (j). That Chapter 36, Section 36-321. (c) (2) be amended 25
to add and separately list “Medical Marijuana Cultivation Facility” and 26
“Medical Marijuana Dispensary” to the listing of I-3 conditional uses. 27
Page 4 of 4
SECTION 2. Severability. In the event any title, section, paragraph, item, 1
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid 2
or unconstitutional, such declaration or adjudication shall not affect the remaining 3
portions of the ordinance which shall remain in full force and effect as if the portion so 4
declared or adjudged invalid or unconstitutional was not originally a part of the 5
ordinance. 6
7
SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the 8
same that are inconsistent with the provisions of this ordinance are hereby repealed to 9
the extent of such inconsistency. 10
11
PASSED: ___________________ 12
13
ATTEST: APPROVED: 14
15
16
17
City Clerk Mayor 18
19
APPROVED AS TO LEGAL FORM: 20
21
22
23
City Attorney 24
// 25
DATE
PLANNING COMMISSION VOTE RECORD
C47A`, __k P, 5 ( v -A,-t.
MEMBER
:2
- >
BERRY, CRAIG
BUBBUS, ALAN
BYNUM, BUELAH
✓
(-.'OX, KEITH
DILLON, JANET
wl'
FINNEY, REBECCA
HAMILTON, SCOTT
L.AHA, TROY
LATTURE, PAUL
MAY BILL B.
STEBBINS, ROBERT
✓
MEMBER
BERRY, CRAIG
BUBBUS, ALAN
I .. ..........
BYNUM, BUELAH
COX, KEIJH
DILLON, JANET
I INNEY, RE13F__CCA
HAMILTON, SCOTT
LAHA,TROY
LATTURE, PAUL
MAY, BILL. B.
STEBBINS, ROBERT
__. -_AYE —_NAYS ABSENT ��ABSTAIN RECUSE Meeting Adjourned _ P.M.
June 22, 2017
There being no further business before the Commission, the meeting
was adjourned at 4:30 p.m.
Date
cretary
Chairm