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LITTLE ROCK PLANNING COMMISSION
SUBDIVISION HEARING
SUMMARY AND MINUTE RECORD
JANUARY 31, 2019
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present there being ten (10) members present.
II. Members Present: Craig Berry
Thomas Brock
Buelah Bynum
Scott D. Hamilton
Marlon D. Haynes
Paul Latture
Bill May
Robbin Rahman
Diana M. Thomas
Robby Vogel
Members Absent: Robert Stebbins
City Attorney: Shawn Overton
III. Approval of the Minutes of the December 13, 2018 Meeting of the Little Rock
Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
SUBDIVISION AGENDA
JANUARY 31, 2019
OLD BUSINESS:
Item Number: File Number: Title:
A. Z-9352 4616 Asher Avenue Short-form PCD, located at 4616
Asher Avenue.
B. Z-4470-L Lot 3 Chenal Park Centre Short-form PCD, located at
15112 Chenal Parkway.
C. Z-5534-C University and R Street Short-form PCD, located on the
northwest corner of University Avenue and R Street.
D. Z-6488-C KLR Properties Revised Short-form PCD, located at 12400
Cantrell Road.
NEW BUSINESS:
I. PRELIMINARY PLAT/REPLAT/SITE PLAN REVIEW :
Item Number: File Number: Title:
1. S-1836 Hampton Astoria Apartments Site Plan Review, located on
the north side of Chenal Valley Drive, between Gordon
Road and Fox Ridge.
2. S-1837 LaMarche Village Preliminary Plat, located on the
southeast corner of Taylor Loop Road and LaMarche
Drive.
3. S-1838 The Ridge at Little Rock Preliminary Plat and Site Plan
Review, located on the southeast corner of Caulden Drive
and Leander Drive.
4. Z-3396-B Romero’s Enterprises Revised PID, located at 12,300,
12,310, 12,320 and 12,340 Chicot Road.
Agenda, Page Two
II. PLANNED DEVELOPMENTS:
Item Number: File Number: Title:
5. Z-6535-A Sky Bar Private Club Short-form PD-C, located at 10305
Arch Street Pike.
6. Z-8445-B Medical Hearing Associates of Arkansas Revised Short-
form PD-O, located at 5910 C Street.
7. Z-9120-A Rebel Kettle Revised Short-form PCD, located at 822 East
6th Street.
8. Z-9383 Union Rescue Mission POD, located at 4017 Franklin
Street.
9. Z-9384 Wilson Short-form PD-R, located at 423/425 Colonial Court
and 498 Ridgeway.
III. OTHER MATTERS:
Item Number: File Number: Title:
10. S-200-S Watershed Point Preliminary Plat Time Extension, located
north of the Cantrell Road/Chenal Parkway Intersection, on
the Divide Parkway.
11. Z-8851-A Pleasant Ridge West Lot 3C Revised Short-form PD-C
Time Extension, located at 11701 Pleasant Ridge Road.
January 31, 2019
ITEM NO.: A FILE NO.: Z-9352
NAME: 4616 Asher Avenue Short-form PCD
LOCATION: 4616 Asher Avenue
DEVELOPER:
Kathy Frazier Mays
17 Reynard Estates Drive
Little Rock, AR 72210
OWNER/AUTHORIZED AGENT:
Tracy Lawrence, Agent
Kathy Frazier Mays, Owner
SURVEYOR/ENGINEER:
BLEW & Associates
3825 N. Shiloh Drive
Fayetteville, AR 72703
AREA: 0.11-acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 9 – I-630 CENSUS TRACT: 19
CURRENT ZONING: C-3, General Commercial District
ALLOWED USES: General Retail - Enclosed
PROPOSED ZONING: PCD
PROPOSED USE: Add an events center as an allowable use
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a rezoning of the site from C-3, General Commercial
District, to PCD, Planned Commercial Development District, to allow the use of the
property an events center. The applicant proposes to hold corporate events, schoo l
athletic banquets, barber/beauty events etc. The applicant indicates the space will
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
2
be available for rent for private parties such as baby showers, engagement
dinners, anniversary celebrations, fundraiser and holiday parties.
B. EXISTING CONDITIONS:
The site is the former banquet hall of the Kitchen Express Restaurant. The two (2)
are no longer associated with each other and have separate owners therefore the
need for the rezoning request to allow the use of the banquet hall as an events
center. There are parking spaces located along Asher Avenue. There are also
parking spaces located along the east side of the building but these spaces are
located on the adjacent property. Asher Avenue is a four (4) lane street with a
center turn lane.
C. NEIGHBORHOOD COMMENTS:
All property owners located within 200-feet of the site along with the Curran
Conway Neighborhood Association, the Love Neighborhood Association and the
South of Asher Neighborhood Association were notified of the public hearing.
There is not a contact listed for the Midway Neighborhood Association in the City
of Little Rock’s Neighborhood Association database.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Asher Avenue is classified on the Master Street Plan as a principal arterial with
special design standards. Dedication of right-of-way to 45-feet from centerline
will be required.
2. Obtain a franchise agreement from Public Works, Bennie Nicolo,
bnicolo@littlerock.gov or 501.371.4818 for the private improvements (sign
pole) located in the right-of-way.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer available to this site. Retain any
existing sewer easements. Contact Little Rock Water Reclamation Authority for
additional information.
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. It appears that service is
already being provided to the existing structure from the rear (north side) of the
property. Contact Entergy in advance to discuss electrical service requirements,
extensions or adjustments to existing facilities (if any) as this project proceeds.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
3
Centerpoint Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water:
1. All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
2. The Little Rock Fire Department needs to evaluate this site to determine
whether additional public and/or private fire hydrant(s) will be required.
If additional fire hydrant(s) are required, they will be installed at the
Developer’s expense.
3. Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional
review. Contact Central Arkansas Water regarding procedures for installation
of water facilities and/or fire service. Approval of plans by the Arkansas
Department of Health Engineering Division and the Little Rock Fire
Department is required.
4. A Capital Investment Charge based on the size of meter connection(s) will
apply to this project in addition to normal charges. This fee will apply to all
connections including metered connections off the private fire system.
5. If there are facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the developer.
6. Contact Central Arkansas Water if additional fire protection or metered water
service is required.
7. Due to the nature of this facility, installation of an approved reduced pressure
zone backflow preventer assembly (RPZA) is required on the domestic water
service. This assembly must be installed prior to the first point of use. Central
Arkansas Water requires that upon installation of the RPZA, su ccessful tests
of the assembly must be completed by a Certified Assembly Tester licensed
by the State of Arkansas and approved by Central Arkansas Water. The test
results must be sent to Central Arkansas Water’s Cross Connection Section
within ten days of installation and annually thereafter. Contact the Cross
Connection Section at 501.377.1226 if you would like to discuss backflow
prevention requirements for this project.
8. The facilities on-site will be private. When meters are planned off private
lines, private facilities shall be installed to Central Arkansas Water’s material
and construction specifications and installation will be inspected by an
engineer, licensed to practice in the State of Arkansas. Execution of a
customer owned line agreement is required.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
4
9. Fire sprinkler systems which do not contain additives such as antifreeze shall
be isolated with a double detector check valve assembly. If additives are
used, a reduced pressure.
10. This development will have minor impact on the existing water distr ibution
system. Proposed water facilities will be sized to provide adequate pressure
and fire protection.
Fire Department:
1. Full Plan Review – Maintain Access
2. 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.
3. 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 exce pt as approved by the
fire chief.
4. 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 constructed shall
be accessible to fire department apparatus by way of an approved fire
apparatus access road with an asphalt, concrete or other approved driving
surface capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
5. Commercial and Industrial Developments – 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1
a. Section D104.1 Buildings exceeding three stories or 30 feet in height.
Building or facilities exceeding 30 feet or three stories in height shall
have at least two means of fire apparatus access for each structure.
b. Section D104.2 Building exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than
62,000 square feet shall be provide with two separate and approved
fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000
square feet that have a single approved fire apparatus access road
when all building are equipped throughout with approved automatic
sprinkler systems.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
5
d. D104.3 Remoteness. Where two fire apparatus access roads are
required, they shall be placed a distance apart equal to not less than
one half of the length of the maximum overall diagonal dimension of
the lot or area to be served, measured in a straight line between
accesses.
6. 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
a. D105.1 Where Required. Where the vertical distance between the
grade plane and the highest roof surface exceed 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 top of the parapet walls, whichever is
greater.
b. 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.
c. 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.
d. 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.
7. Dead Ends. Maintain fire apparatus access roads at dead end locations as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4
Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall
be provided with width and turnaround provisions in accordance with Table
D103.4. Requirements for Dead-end fire apparatus access roads.
8. 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.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
6
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 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.
9. 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 (Jason Lowder 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.
Parks and Recreation: No comment received.
County Planning: No comment.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is subject to full commercial plan review and approval
prior to issuance of a building permit. For information on submittal requirements
and the review process. This project will require fully developed Architectural,
Structural, Civil and MEP Plans. Contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s landscape and buffer
ordinance requirements.
2. Any new building rehabilitation or expansion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current code
requirements to be brought into compliance. Existing vehicular use areas may
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
7
continue as nonconforming until such time as a building permit is granted to
enlarge or reconstruct a structure on the property exceeding ten (10) percent
of the existing gross floor area. At such time ten (10) percent of the existing
vehicular use area shall be brought into compliance on a graduated scale.
3. 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 cali per
or larger.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: The site is located on Rock Region Metro Route #14, the
Rosedale Route.
Planning Division: This request is located in I-630 Planning District. The Land Use
Plan shows Commercial (C) for this property. The Commercial category includes
a broad range of retail and wholesale sales of products, personal and professional
services and general business activities. Commercial activities vary in type and
scale, depending on the trade area that they serve. The applicant has applied for
rezoning from C-3 (General Commercial District)) to PCD (Planned Commercial
Development) to add an events center as an allowable use.
Master Street Plan: South of the property is Asher Avenue and it is shown as a
Principal Arterial on the Master Street Plan. A Principal Arterial is to serve through
traffic and to connect major traffic generators or activity centers within the
urbanized area. Entrances and exits should be limited to minimize negative effects
of traffic and pedestrians on Asher Avenue since it is a Principal Arterial. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Asher Avenue. Bike lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (August 29, 2018)
The applicant was present. Staff presented an overview of the item stating there
were additional items necessary to complete the review process. Staff stated they
needed more information concerning the proposed use of the property, the days
and hours of operation, the proposed parking plan and the proposed signage plan.
Public Works comments were addressed. Staff stated a dedication of right of way
to 45-feet from center line was required. Staff stated a franchise agreement was
required to allow the existing sign to remain within the right of way.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
8
Staff noted the comments from the various other departments and agencies. Staff
suggested the applicant contact the departments or agencies directly with any
questions or concerns. There were no more issues for discussion. The Committee
then forwarded the item to the full Commission for final action.
I. ANALYSIS:
The applicant has provided staff an updated cover letter addressing comments
raised at the August 29, 2018, Subdivision Committee m eeting. The applicant
states they have full access to all the parking located in front of the building and
behind the building proposed for the events center.
The applicant is proposing a rezoning of the site from C-3, General Commercial
District, to PCD, Planned Commercial Development District, to allow the use of the
property as an events center. The applicant proposes to hold corporate events,
school athletic banquets, barber/beauty events etc. The applicant indicates the
space will be available for rent for private parties such as baby showers,
engagement dinners, anniversary celebrations, fundraiser and holiday parties. The
use of the property will potentially include ticketed events.
The zoning ordinance defines an event center as any privately owned property,
building or portion of a building, the primary purpose of which is to be rented or
leased for parties, entertainment functions, conventions, conferences, seminars,
assemblies or meetings. This definition shall not include t hose facilities, banquet
halls or meeting facilities which are an ancillary use to a permitted use within a
zoning district.
Separation requirements for event centers are to be determined by the Planning
Commission so as not to adversely impact the neig hborhood. Event center review
shall consider the following additional requirement: (a) An event center shall not
be located within seven hundred fifty (750) feet of the following: (1) A church or
other religious facility. (2) A sexually -oriented business as defined by Chapter
17 of the Code of Ordinances. (3) A public or private elementary, secondary or
postsecondary school, a day care center or any facility that operates programs
for children or youth. (4) Any single -family or multifamily residential use, except
a hotel or motel, or a residential use that is within a unified development that
contains both the event center and the residential use . There are single-family
homes located north of this site.
The office hours of operation are from 8:00 am to 5:00 pm Monday through
Saturday. Event hours will vary but no later than 12 mid -night Monday through
Wednesday and Thursday through Sunday event hours will end by 1:00 am.
The hours of dumpster service will be limited to 7:00 am to 6:00 pm Monday
through Friday.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
9
The building contains 4,000 square feet of floor area. Parking for an events center
is typically based on one (1) parking space per 100 gross square feet of floor area.
Based on the square footage of the building 40 parking spaces would typically be
required. The survey indicates three (3) parking spaces located on this property.
The applicant states they have use of the parking located in front of the building
and behind the building. The use to the east is Kitchen Express, a restaurant which
would also have a typical parking requirement of one (1) space per 100 gross
square feet of floor area. The building in which the propo sed events center is
located is a multi-tenant building which includes a barber shop and retail uses.
Based on an aerial view there appears to be a total of 40 parking spaces
the applicant has indicating they have full access to which are located on
three (3) different parcels.
The applicant notes the existing ground sign will be utilized. Building signage will
be placed on the front façade of the building. The ground sign will not exceed
36-feet in height and 160 square feet in sign area. The bu ilding signage will be
limited to a maximum of ten (10) percent of the front façade of the tenant’s space.
Staff is not supportive of the applicant’s request. The site plan as indicated does
not include adequate parking to serve the proposed use. The applicant indicates
they have use of the parking located on the adjacent properties but based on the
applicant’s proposed hours of operation the parking may not be available to serve
the events center’s needs due to the restaurant and other businesses uti lizing
the parking. Staff feels the use of the space as a private events center is
not appropriate.
J. STAFF RECOMMENDATION:
Staff recommends denial of the request.
PLANNING COMMISSION ACTION: (SEPTEMBER 20, 2018)
The applicant was present. There was one (1) registered objector present. Staff
presented the item stating the applicant had indicated there was an area of additional
parking and additional parking could be secured to serve the events center. Staff stat ed
based on the new information they were requesting a deferral of the item to the
November 1, 2018, public hearing. There was no further discussion. The item was placed
on the consent agenda and approved as recommended by staff by a vote of 10 ayes,
0 noes and 1 absent.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
10
STAFF UPDATE:
No additional information was provided to staff. Staff continues to recommend denial of
the request.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 2018)
The applicant was not present. There were no objectors present. Staff informed the
commission that the applicant had failed to send notices for the November 1, 2018
hearing and the item needed to be deferred to allow notices to be sent. There was no
further discussion. The item was placed on the consent agenda and deferred to the
December 13, 2018 meeting by a vote of 11 ayes, 0 noes and 0 absent.
STAFF UPDATE:
No additional information has been provided to staff. Staff continues to recommend
denial of the request.
PLANNING COMMISSION ACTION: (DECEMBER 13, 2018)
The applicant was present. There was one objector present. Staff informed the
commission that the applicant’s attorney had just presented to staff a proposal to utilize
a nearby parking lot. Staff stated the applicant was requesting a deferral of the item to
allow staff the opportunity to review the proposal. There was no further discussion. A
motion was made and seconded to waive the commission’s bylaws to allow the additional,
late request for deferral. The motion was approved by a vote of 10 ayes, 0 noes and
1 absent. The item was then placed on the consent agenda and approved for deferral to
the January 31, 2019 meeting by a vote of 10 ayes, 0 noes and 1 absent.
STAFF UPDATE AND RECOMMENDATION:
The owner of 4616 Asher Avenue has provided access to a 30 -space, asphalt paved
parking lot she owns located at 3020 Adams Street, the northwest corner of W est 31st
and Adams. Combined with the 4 on-site spaces at 4616 Asher Avenue, a total of
34 spaces are apparently available. The applicant has referenced other parking around
and adjacent to 4616 Asher but those spaces are on other properties and most likely are
needed during business hours for the businesses occupying those properties.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
11
Staff continues to have concerns about the proposed event center and its proximity to the
residential neighborhood directly to the north. The newly-available 30-space parking lot
is directly adjacent to single family residences. To use that parking lot, persons attending
the event center will have to walk the half -block between sites. Staff is concerned that
the noise and activity associated with use of the parking lot will have a detrimental effect
on those residences. The event center is proposed to have hours of operation extending
to midnight Monday – Thursday and 1:00 a.m. Thursday – Sunday.
Staff continues to recommend denial of the application.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were two registered objectors present. Staff presented
the item and gave an update as noted above. Staff recommended denial of the
application.
The applicant passed to allow the opponents to speak first.
John Buzbee addressed the commission. He stated he represented the estate of Cedric
Mayes, owner of the Kitchen Express restaurant and several adjacent properties. He
stated there was ongoing estate litigation among the heirs to Mr. Mays’ estate and the
property containing the 30-space parking lot was involved in that litigation as well.
Mr. Buzbee stated there were very few parking spaces actually on the proposed event
center property. He stated most persons attending the event center would have to cross
his client’s property to access the 30-space parking lot property. He stated the event
center patrons would end up parking on his client’s property which could become a bigger
problem if Kitchen Express extended its operating hours.
Ruth Bell, of the League of Women Voters, spoke in opposition. She stated her concerns
about impacting nearby residents. She noted the 30-space parking lot was in the
residential neighborhood.
Ed Daniel, Attorney for the applicant Katherine Mays, addressed the commission. He
stated the space in question had been the banquet hall for Kitchen Express at one time.
He stated modifications could be made to the application to make it more acceptable. He
stated the 30-space parking lot had been in use for 21 years and patrons of the ban quet
hall often parked there. Mr. Daniel stated the other heirs got the restaurant property and
litigation was done other than for the distribution of properties. He said the proposed
event center was a mild use of the property and they could limit the h ours of operation
if needed.
January 31, 2019
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: Z-9352
12
Commissioner Rahman asked if this application was not premature, with the distribution
of properties in the estate not settled. Mr. Daniel stated it would work itself out; that there
were a lot of properties to disperse.
At the commission’s request, staff described the former use of the space as a banquet
hall for the adjacent restaurant and how the properties and uses were separated. Staff
stated this application was for a stand-alone event center.
In response to a question from the commission, Ms. Mays stated the hours under this
application were similar and, in fact, less than the hours the previous banquet hall
operated. She stated the facility typically would not be open after 10:00. In response to
a question, staff stated there was nothing in the general zoning ordinance that addressed
business hours of operation. Staff stated the hours of operation for this proposed use
were as proposed by the applicant and the applicant could choose to amend the
application and hours of operation.
Commissioner Berry stated he saw a problem with the application without probate having
been settled.
A motion was made and seconded to approve the application, including all staff
comments and conditions except the recommendation of denial. The motion failed with
a vote of 3 ayes, 6 noes, 1 absent and 1 recusal (May).
January 31, 2019
ITEM NO.: B FILE NO.: Z-4470-L
NAME: Lot 3 Chenal Park Centre Short-form PCD
LOCATION: Located at 15112 Chenal Parkway
DEVELOPER:
LLEJ9, LLC
1 Remington Drive Suite 100
Little Rock, AR 72204
OWNER/AUTHORIZED AGENT:
LLEJ Lots 9 and 10 LLC – Leonard Bowen
Crafton Tull and Associates - Agent
SURVEYOR/ENGINEER:
Crafton Tull and Associates
10825 Financial Centre Parkway, Suite 300
Little Rock, AR 72211
AREA: 6.21-acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 19 - Chenal CENSUS TRACT: 42.16
CURRENT ZONING: C-2, Shopping Center District
ALLOWED USES: General retail
PROPOSED ZONING: PCD, Planned Commercial Development District
PROPOSED USE: Allow a development sign inconsistent with the Chenal/Financial
Center Design Overlay District.
VARIANCE/WAIVERS: None requested.
STAFF REPORT:
The applicant submitted a request dated October 10, 2018, requesting deferral of this
item to the December 13, 2018, public hearing. The deferral request is to allow the
January 31, 2019
SUBDIVISION
ITEM NO.: B (Cont.) FILE NO.: Z-4470-L
2
applicant adequate time to develop a site plan for the rear two (2) lots. Staff recommends
approval of the deferral request.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 2018)
The applicant was not present. There were no objectors present. Staff informed the
commission that the applicant had submitted a deferral request on October 10, 2018. The
deferral was requested to allow the applicant adequate time to develop a site plan for the
rear two (2) lots. There was no further discussion. The item was placed o n the consent
agenda and deferred to the December 13, 2018 meeting by a vote of 11 ayes, 0 noes
and 0 absent.
STAFF UPDATE AND RECOMMENDATION:
On November 20, 2018, the applicant requested deferral of this item to allow for further
study of options. Staff recommends deferral of the item to the January 31, 2019 agenda.
PLANNING COMMISSION ACTION: (DECEMBER 13, 2018)
The applicant was present. There were no objectors present. Staff informed the
commission that the applicant had requested deferra l of the item on November 20, 2018
to allow for further study of options. Staff recommended approval of the deferral request.
There was no further discussion. The item was placed on the consent agenda and
approved for deferral to the January 31, 2019 meeting by a vote of 10 ayes, 0 noes and
1 absent.
STAFF UPDATE AND RECOMMENDATION:
On December 17, 2019, the applicant requested withdrawal of this item. Staff
recommends approval of the withdrawal request, without prejudice.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was not present. There were no objectors present. Staff informed the
commission that the applicant had requested withdrawal of this item on December 17,
2018. There was no further discussion. The item was placed on the consent agenda and
approved for withdrawal, without prejudice. The vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: C FILE NO.: Z-5534-C
NAME: University and R Street Short-form PCD
LOCATION: Northwest corner of N. University Avenue and R Street
DEVELOPER:
Boen Enterprises
P. O. Box 22407
Little Rock, AR 72221
OWNER/AUTHORIZED AGENT:
Regions Bank, Owner
Crafton Tull, Authorized Agent
SURVEYOR/ENGINEER:
Crafton Tull
10825 Financial Center Pkwy., Suite 300
Little Rock, AR 72211
AREA: 0.5165 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 3 PLANNING DISTRICT: 3 CENSUS TRACT: 49
CURRENT ZONING: R-2
ALLOWED USES: Single family residential
PROPOSED ZONING: PCD
PROPOSED USE: Mixed use; retail on ground floor and 8 residential units on second
and third floors (4 per floor).
VARIANCE/WAIVERS:
(a) Variance from street buffer requirement on University Avenue and R Street
(b) Variance from the typical minimum parking requirements.
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
2
BACKGROUND:
On October 10, 1957, a request to rezone this site from A (R-2) to F (C-3) was withdrawn.
On February 20, 1979, the Board of Directors denied a request to rezone the site from A
(R-2) to E-1 (O-3). On January 29, 1992, the Planning Commission voted to deny a
request to rezone the site from A to O-1. The Commission voted to approve a conditional
use permit for a church. In 2013-2014, the church building was removed and the site has
been vacant since.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant has submitted a request to rezone the site to PCD planned
commercial district to allow for construction of a three-story, mixed use building
and associated parking. The applicant desires to construct a single building with
4,864 square feet of retail space on the ground floor and eight (8) studio apartment
spaces on the second and third floors (4 units per floor). The building is proposed
to be located at the east property line along N. University Avenue. The site plan
provides for 23 spaces to be located on the west side of the building with access
off of R Street.
B. EXISTING CONDITIONS:
The property is currently cleared and vacant. Banks are located on the properties
to the north and south. Single family residences are located to the west. T he
traditional Heights commercial district is located across University Avenue to the
east.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Heights and Normandy-Shannon Neighborhood
Associations.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. N. University Avenue is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be required.
2. Due to the proposed use of the property, the Master Street Plan specifies that
R Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
3
3. A 20 feet radial dedication of right-of-way is required at the intersection of
University Avenue and R Street.
4. Repair or replace any curb, gutter, sidewalk and access ramps that are
missing, damaged or not in compliance with ADA recommendations in the
public right-of-way prior to occupancy.
5. The curb radius at the University & R Street intersection should be improved
to a 25 ft. radius.
6. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvements to University Avenue
including sidewalks with planned development. The new back of curb should
be located 36 ft. from the back of curb on the east side of University Avenue.
Sidewalk will maybe required to be relocated on University Ave. Striping
should be provided for 3 continuance lanes on University Avenue. The
existing inlet along the north property line should be relocated to align with
the proposed new curb adjacent to the subject property.
7. 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.
8. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). Similar to
the bank located on the southside of R Street, a stormwater inlet should be
installed at the west property line on R St reet and stormwater piped to
the creek.
9. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall
be repaired by the responsible party prior to issuance of a certificate
of occupancy.
10. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After construction,
an as-built certification is required for construction of the retaining wall.
11. Obtain a franchise agreement from Public Works (Bennie Nicolo ).
12. 371-4818) for the private improvements such as awnings or planters located
in the right-of-way.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this site.
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. There is an existing
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
4
overhead power line on the north side of the property. Care should be used in
constructing the drive on the north side of this project as it will be under an
energized power line. Proper clearances to the wires must be maintained during
and after construction of the drive. Contact Entergy in advance to discuss
electrical service requirements, or adjustments to existing facilities (if any) as this
project proceeds.
Centerpoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the
time of request for water service must be met.
A water main extension will be needed to provide water service to this property.
The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the Developer's expense.
Please submit plans for water facilities and/or fire protection system to Central
Arkansas Water for review. Plan revisions may be required after additional review.
Contact Central Arkansas Water regarding procedures for installation of water
facilities and/or fire service. Approval of plans by the Arkansas Department of
Health Engineering Division and Little Rock Fire Department is required.
Fire Department:
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.
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
5
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 constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments – 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet that
have a single approved fire apparatus access road when all building are equipped
throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
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 exceed 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 top 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.
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
6
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.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
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.
Parks and Recreation: No comments received.
County Planning: No comments received.
F.BUILDING CODES/LANDSCAPE:
Building Code: Project is subject to full commercial plan review and approval prior
to issuance of a building permit. For information on submittal requirements and the
review process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov.
Landscape:
1.Site plan must comply with the City’s minimal landscape and buffer ordinance
requirements.
2.Street buffers will be required at six (6) percent of the average depth of the lot.
The minimum dimension shall be one-half (½) the full width requirement but in
no case be less than nine (9) feet. The street buffers adjacent to University Ave.
and R Street buffer are deficient.
3.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.
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
7
4. 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, highway or freeway.
This strip shall be at least nine (9) feet wide. The minimum dimension shall be
one-half (½) the full width requirement but in no case be less than nine (9) feet.
Provide trees with an average linear spacing of not less than thirty (30) feet
within the perimeter planting strip. Provide three (3) shrubs or vines for every
thirty (30) linear feet of perimeter planting strip.
Perimeter planting strips adjacent to the R Street right-of-way and a portion of
the north perimeter planting strip are deficient. A City Beautiful variance may
be required before a building permit is issued.
5. 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 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.
Interior parking islands have not been provided. A City Beautiful variance may
be required before a building permit is issued.
6. Land use buffers are to be maintained adjacent to the R-2 zoned property to
the west. As a component of all land use buffer requirements, opaque
screening, whether a fence or other device, a minimum of six (6) feet in height
shall be required upon the property line side of the buffer. A minimum of seventy
(70) percent of the land use buffer shall be undisturbed. Easements cannot
count toward fulfilling this requirement. In addition to the required screening,
buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for
every thirty (30) linear feet.
7. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: This request is located in West Little Rock Planning District.
The Land Use Plan shows Public/Institutional (PI) for this property. The
Public/Institutional category includes public and quasi-public facilities that provide
a variety of services to the community such as schools, libraries, fire stations,
churches, utility substations, and hospitals. A Planned Zoning District is required
if the use is mixed office and commercial. The applicant has applied for a rezoning
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
8
from R-2 (Single Family District) to PCD (Planned Commercial District) to allow
development of a future mixed use building as an allowable use. The first floor is
commercial and the second floor is residential.
Master Street Plan: East of the property is N. University Avenue and it is shown
as a Collector on the Master Street Plan. South of the property is R Street and it is
shown as a Local Street on the Master Street Plan. The primary function of a
Collector Road is to provide a connection from Local Streets to Arterials. The
primary function of a Local Street is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. A Collector design
standard is used for Commercial Streets. These streets may require dedication of
right-of-way and may require street improvements.
Bicycle Plan: A Class II Bike Lane is shown along N. University Avenue. Bike
Lanes provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (November 20, 2018)
Brad Peterson of Crafton Tull was present representing the application. Staff
introduced the item and noted additional information was needed on the proposed
development. Staff requested details on building height, setbacks, signage and
site lighting. Staff requested specifics on the type of uses proposed for the ground
floor and the size of the units on the second floor. The days and hours of operation
for the retail uses were requested. Staff asked for proposed building elevations.
Staff asked if access to the retail would be from the University Avenue side. The
location of the proposed dumpster was questioned by staff as it was indicated as
adjacent to the residential properties to the west. Staff suggested relocating the
dumpster. Public Works comments were noted and discussed. The applicant was
advised to provide a sketch grading and drainage plan to indicate where runoff
would be directed. Staff discussed the nature of the required improvements to the
abutting streets. Landscape comments were presented. It was noted that the
proposed plan would also require a variance from the City Beautiful Commission.
The comments from the other reviewing agencies were noted. The applicant was
advised to submit responses to staff issues by November 28, 2018. The committee
forwarded the item to the full commission.
I. ANALYSIS:
The request is to rezone this vacant, .5 +/- acres site from R-2 single family
residential to PCD to allow for construction of a three story mixed use building and
associated parking. The proposal includes construction of a single building with
4,864 square feet of retail space on the ground floor and two floors of residential
units (four, 1,070 square foot units per floor). Uses on the ground floor will be
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
9
limited to those allowed in the C-1 neighborhood commercial district with the
exception of the following uses: Church, cigar, tobacco and candy store, custom
sewing and millinery, day nursery or day care, adult day care, duplication shop,
eating place inside, fire station, key shop, laundromat or pitch-up station, lodge or
fraternal organization, medical appliance fitting and sales, medical marijuana
cultivation facility, medical marijuana dispensary, mobile canteen, a paint and
wallpaper store, pet shop, private school, school, secondhand store, shoe repair,
studio, tool and equipment rental and two-family residences. The commercial uses
may operate up to seven days a week, from 7 a.m. to 10 p.m.
The building is proposed to be located at the University and R Street property lines.
A 23 space parking lot is proposed to be located on the west side of the building,
with access off of R Street. The three story building will have a height of 40 feet
at the highest parapet.
Access to the retail spaces will be from both the east and west sides. Retail spaces
will also adjoin the interior building lobby. No ground mounted sign is proposed.
Signage will consist of wall signage on both the east and west facades.
Site lighting will be directed inward and downward with full cut off. Where
practicable, lighting will be limited to bollard, landscape and building lighting.
The dumpster is being shown on the south perimeter of the parking lot, with the
opening directed to the street. This requires the dumpster service truck to back
directly into the street. The dumpster screen will be constructed from masonry,
brick or façade materials complimentary to the building, with a solid metal gate.
Service hours are limited to 7 a.m. to 6 p.m., Monday – Friday.
The applicant submitted responses to issues raised at subdivision committee and
has stated they will comply with all comments. A variance is requested from the
street buffer requirement along both street frontages as the building is proposed
to be located at those property lines. The building height of 40 feet is taller than
the typical building height of 35 feet. As a PCD, it is not a variance. The typical
parking requirement for the proposed use mix is 28 spaces. 12 spaces are required
for the residential uses (1.5/per unit). 16 spaces are required for the commercial
spaces (1/300 sq. ft.). The plan indicates only 23 spaces.
Staff is not supportive of the proposed PCD zoning. Staff does not believe it is
appropriate to extend commercial zoning and uses across to the west s ide of
University Avenue. Staff has previously voiced support for some level of
residential zoning above traditional detached single family density on the west side
of University at this location. Other than for the two banks and a dentist office, all
uses west of University in this area are single family residences. The office and
commercial zoning north of this site, at Kavanaugh and University, are the result
January 31, 2019
SUBDIVISION
ITEM NO.: C (Cont.) FILE NO.: Z-5534-C
10
of court action in the early 1960’s. Neither staff nor the planning commission
supported the PD-O zoning to allow the bank located south of this site. The
adopted land use plan show PI public and institutional for the site which is reflective
of its past occupancy by a church. RL residential low density is the predominant
land use pattern west of University. Additionally, staff cannot support the plan
showing the dumpster as located with service being directly off of R Street.
There are potential issues related to stormwater run-off and detention which staff
continues to study. That information will be provided to the commission at the
hearing.
J. STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (DECEMBER 13, 2018)
The applicant was present. There were several objectors present. Staff informed the
commission that the applicant had, just prior to the meeting, requested deferral of the item
to allow time to meet with the neighborhood and to consider possible revisions to the
proposal. Staff recommended deferral of the item to the January 31, 2019 meeting.
There was no further discussion. A motion was made and seconded to waive the
commission’s bylaws to allow the late request for deferral. The motion was approved by
a vote of 10 ayes, 0 noes and 1 absent. The item was then placed on the consent agenda
and approved for deferral to the January 31, 2019 meeting by a vote of 10 ayes, 0 noes
and1 absent.
STAFF UPDATE AND RECOMMENDATION:
No additional information has been submitted. Staff continues to recommend denial of
the application.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was not present. There were no objectors present. Staff informed the
commission that the required notices had not been sent and the item needed to be
deferred. There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the March 14, 2019 meeting. The vote was 10 ayes, 0 noes
and 1 absent.
January 31, 2019
ITEM NO.: D FILE NO.: Z-6488-C
NAME: KLR Properties Revised Short-form PCD
LOCATION: 12400 Cantrell Road
DEVELOPER:
KLR Properties
P. O. Box 21051
Little Rock, AR 72221
OWNER/AUTHORIZED AGENT:
KLR Properties, owner
River City General Contractors, agent
SURVEYOR/ENGINEER:
Lewis Architects Engineers
11225 Huron Lane
Little Rock, AR 72211
AREA: 2.97 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.05
CURRENT ZONING: PCD
ALLOWED USES: O-3 General Office District uses, health studio and spa, restaurant
PROPOSED ZONING: Revised PCD
PROPOSED USE: To add parking along the side of the joint access easement. No
change in uses.
VARIANCE/WAIVERS: None requested
BACKGROUND:
On October 18, 2016, the property was rezoned from O -3 general office district to PCD
planned commercial district to allow the development of the site with a new multi -tenant
building containing 14,000 square feet of floor area. The approval allowed the f ollowing
uses:
January 31, 2019
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6488-C
2
(a) 6,000 square feet: A Kick Above personalized fitness training facility (health
studio and spa). Also to utilize 1,600 square feet of mezzanine space.
(b) 4,000 square feet: Silks A Bloom, permanent botanicals and creative
arrangements (florist shop).
(c) 2,000 square feet: River City Contractors: (general and professional office).
(d) 2,000 square feet: Shelled area: (general and professional office).
Access to the site was proposed from a shared driveway with the adjacent property to the
west. Parking was to be located in front of and behind the building.
On June 6, 2017, a revision to the PCD was approved. The revision was only to the
allowed use mix within the building. No change to the plan was proposed. The new use
mix was as follows:
(a) 6,000 square feet: A Kick Above personalized fitness training facility (health
studio and spa). Also to utilize 1,600 square feet of mezzanine space.
(b) 2,000 square feet: Firehouse Subs.
(c) 2,000 square feet: River City Contractors (general and professional office).
(d) 4,000 square feet: Shelled area (general and professional office).
The building has been constructed and is occupied.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a revision to the approved PCD solely for the purpose
of allowing parallel parking along the shared access easement drive between this
property and the office building adjacent to the west.
B. EXISTING CONDITIONS:
The site is developed with the approved development. An office building is
adjacent to the west. A utility substation is adjacent to the east. A church is located
across Cantrell Road to the south.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Piedmont Neighborhood Association.
January 31, 2019
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6488-C
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comments.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments.
Entergy: No comments.
Centerpoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: No comments.
Fire Department:
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.
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
Marshals 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.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments.
Landscape: No comments.
January 31, 2019
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6488-C
4
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: This request is located in River Mountain District. The Land
Use Plan shows Transitional Use (T) for this property. Transition is a land use plan
designation that provides for an orderly transition between residential uses and
other more intense uses. Transition was established to deal with areas which
contain zoned residential uses and nonconforming nonresidential uses. A Planned
Zoning District is required unless the application conforms to the Des ign Overlay
standards. Uses that may be considered are low-density multi-family residential
and office uses if the proposals are compatible with quality of life in nearby
residential areas. The applicant has applied for a revised PCD (Planned
Commercial District) to add parallel parking on one side of the driveway. The
request is in the Highway 10 Design Overlay District.
Master Street Plan: South of the property is Cantrell Road and it is shown as a
Principal Arterial on the Master Street Plan. The prim ary function of a Principal
Arterial Street is to serve through traffic and to connect major traffic generator or
activity centers within an urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Ca ntrell Road since it is a
Principal Arterial. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is
to be a paved path physically separate for the use of bicycles. Additional right-of-
way or an easement is recommended. Nine-foot paths are recommended to allow
for pedestrian use as well (replacing the sidewalk).
H. SUBDIVISION COMMITTEE COMMENT: (November 20, 2018)
The applicant was not present. Staff presented the item and noted there was no
additional information needed. The committee forwarded the item to the full
commission.
I. ANALYSIS:
There were no issues from the Subdivision Committee meeting which needed
responses. The site has been developed under the current PCD zoning as noted
in the “Background” section above. The only change proposed under this revision
is to allow parallel parking for 5-6 vehicles on the east side of the driveway within
the common access easement between this lot and the lot adjacent to the west.
There is sufficient pavement width to accommodate parking on this one side of the
January 31, 2019
SUBDIVISION
ITEM NO.: D (Cont.) FILE NO.: Z-6488-C
5
driveway and still retain adequate driveway width. There are two driveways from
the access easement onto this property. Staff can support parallel parking on the
east side of the access easement driveway, north of the northern driveway; not
between the driveways or south of the southe rn driveway. Parking must be limited
to those areas which do not violate Little Rock Traffic Code or Fire Department
regulations.
J. STAFF RECOMMENDATION:
Staff recommends approval of the revision to the PCD to allow parallel parking on
the east side of the common access easement driveway, north of the northern
driveway only. The parking must be located so as not to violate Little Rock Traffic
Code or Fire Department regulations.
PLANNING COMMISSION ACTION: (DECEMBER 13, 2018)
The applicant was not present. There were no objectors present. Staff informed the
commission that the applicant had failed to send the required notices and the item needed
to be deferred. There was no further discussion. The item was placed on the consent
agenda and approved for deferral to the January 31, 2019 meeting by a vote of 10 ayes,
0 noes and 1 absent.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was not present. There were no objectors present. Staff informed the
commission that the required notices had not been sent and the item needed to be
deferred. There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the March 14, 2019 meeting. The vote was 10 ayes, 0 noes
and 1 absent.
January 31, 2019
ITEM NO.: 1 FILE NO.: S-1836
NAME: Hampton Astoria Apartments Site Plan Review
LOCATION: North side of Chenal Valley Drive, between Gordon Road and Fox Ridge
DEVELOPER:
Premiere Construction Solutions of Rock City, LLC
P. O. Box 1009
Bryant, AR 72089
OWNER/AUTHORIZED AGENT:
Shabbir Dharamsey, owner
Jess Griffin, Authorized Agent
SURVEYOR/ENGINEER:
Jess Griffin, PE
5 Kingston Drive
Little Rock, AT 72227
AREA: 21.3 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.13
CURRENT ZONING: MF-12, multi-family, 12 units per acre
VARIANCE/WAIVERS:
1. Variance to allow 2 sections of proposed terrace/retaining wall to exceed 200 feet in
length without a minimum of a 10 foot curved section, jog or offset.
BACKGROUND:
On September 20, 2018, the planning commission approved the applicant’s request to
withdraw an application to rezone this site from MF-12 to PD-R to allow for construction
of a multi-family development at a density of 14.64 units per acre.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
2
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is proposing a multi-family development at a density of 12 units per
acre. The development will consist of 9 three-story apartment buildings (252 units
total), a one-story clubhouse, swimming pool and playground. There are to be
6, 30-unit buildings and 3, 24-unit buildings. A maximum building height of 35 feet
is proposed. A total of 378 parking spaces are proposed; meeting the code
requirement of 1.5 spaces per unit.
B. EXISTING CONDITIONS:
The site is currently undeveloped and heavily wooded, sloping up from the street
towards the rear of the site. Fox Ridge, a senior living multi-family development is
adjacent to the east. Single family homes are located across Chenal Valley Drive
to the south. Undeveloped OS open space and R-2 residential properties are
adjacent to the north and west respectively.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Deauville Circle, Germay Court, The Arbors and
Margeaux Place Neighborhood Associations.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Repair or replace any curb and gutter or sidewalk that is damaged and not in
compliance with ADA recommendations in the public right-of-way prior to
occupancy.
2. No more than 200 ft. of terrace can be in a straight line and minimum of 10 ft.
curved section, jog, or offset is required for each additional 200 ft . of terrace.
A variance must be requested to exceed the permitted terrace length.
3. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction. A variance is being requested
to advance grade future phases with construction of phase 1?
4. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
5. Storm water detention ordinance applies to this property. Is detention
provided by the Chenal Golf Course?
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
3
6. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior t o the start of
construction.
7. Provide a letter prepared by a registered engineer certifying the intersection
sight distance at the intersection(s) comply with 2004 AASHTO Green Book
standards.
8. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
9. Retaining walls designed to exceed 15 ft. in height are required to seek a
variance for construction. Provide proposed wall heights.
10. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After construction,
an as-built certification is required for construction of the retaining wall.
11. A direct connection of the pool discharge pipe with the municipal separate
stormwater sewer system is prohibited. The discharge pipe should discharge
into a natural vegetated area before entering the stormwater drainage
system.
12. A connection should be made with the sidewalk to the east.
13. All driveways shall be concrete aprons per City Ordinance.
14. Vegetation must be established on disturbed areas within 21 days of
completion of the advanced grading activities.
15. Is property to the north still proposed to be separated from the subject
property? If so, where will access be provided to the property created on the
north side of the development?
16. Per Sec. 29-190(1)f, for cuts or fills faced with architectural stone face, the
terrace plantings shall be a minimum of 2 rows of trees 4ft between the rows,
staggered not more than 20 ft on centers. Show on sketch grading and
drainage plan. Temporary irrigation maybe needed to establish plant growth .
17. Driveway location on Gordon Rd 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.
A variance must be requested for the Gordon Road driveway. What is the
purpose of the driveway?
18. Submit a Traffic Impact Study for the proposed project. Study should address
trip generation and trip distribution for the development and also should take
into account existing and projected traffic growth.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
4
19. The owner and/or manager of each multi-family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow at
371-4646 for more information.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project. Capacity Study
Required. Capacity Fee Analysis Required
Entergy: Entergy does not object to this proposal. There is an existing three
phase, underground power line on the north side of Chenal Valley Drive in front of
this property and a three phase, overhead power line on the west side of the
property. Care should be used when digging or working around power lines. All
required separations and clearances to power lines must be maintained during and
after construction. Contact Entergy in advance to discuss electrical service
requirements, or adjustments to existing facilities (if any) as this project proceed.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
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.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
5
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 constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pou nds.
Commercial and Industrial Developments – 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square
feet that have a single approved fire apparatus access road when all
building are equipped throughout with approved automatic sprinkler
systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
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 exceed 30’, approved aer ial 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 top 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.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
6
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.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
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 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
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
7
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.
Multi-Family Residential Developments
As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention
Code Vol. 1. Projects having more than 100 dwelling units . Multiple-family
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus acc ess roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all building, including nonresidential
occupancies are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2
As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention
Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall b e provided with two
separate and approved fire apparatus access roads regardless of whether they
are equipped with an approved automatic sprinkler system.
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.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is subject to full commercial plan review and approval prior
to issuance of a building permit. For information on submittal requirements and the
review process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
8
Landscape:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
2. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half (½) the full width requirement
but in no case less than nine (9) feet. The maximum dimension required shall
be fifty (50) feet.
3. 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, highway or
freeway. This strip shall be a minimum of nine (9) feet in width. Provide trees
with an average linear spacing of not less than thirty (30) feet within the
perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30)
linear feet of perimeter planting strip.
4. A land use buffer six (6) percent of the average width/depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. The maximum width of the required buffer is fifty (50) feet. A minimum
of seventy (70) percent of the land use buffer shall be undisturbed.
Easements cannot count toward fulfilling this requirement. The property to
the west is zoned R-2. The approximate average width of the lot is 1,100 feet.
The buffer as shown is deficient. A fifty (50) foot buffer will be required
adjacent to west property line.
5. A as a component of all land use buffer requirements, opaque screening,
whether a fence or other device, six (6) feet in height shall be required upon
the property line side of the buffer. In addition to the required scre ening,
buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs
for every thirty (30) linear feet.
6. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed through out the parking
area(s). For developments with more than one hundred fifty (150) parking
spaces the minimum size of an interior landscape area shall be three hundred
(300) square feet. 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.
7. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three (3) feet wide along the
vehicular use area. One (1) tree and four (4) shrubs shall be planted in the
building landscape areas for each forty (40) linear feet of vehicular use area
abutting the building.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
9
8. An irrigation system shall be required for developments of one (1) acre or
larger.
9. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
10. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: No comments.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 1019)
The applicant was present. Staff presented the item and noted additional
information was needed. Staff asked that the building setbacks be labeled and the
phasing plan shown on the site plan. Staff requested a signage plan in compliance
with Section 36-552 (signs permitted in multifamily zones). Staff requested that the
dumpster and recycling containers be located and the required screening
described. A lighting plan was requested. Staff asked if the entire site was to be
fenced. It was noted that the two western driveways were indicated as gated. Staff
commented that they would not function for entry as there was no turnaround. It
was noted that one driveway was proposed off of Gordon Road. Staff noted that
Gordon Road was not a public right-of-way and permission to take access at that
location would require approval of an access easement from that property owner.
Public Works comments were noted and discussed. Staff asked the purpose of the
western driveway. The applicant responded that it was needed to p rovide
secondary access for the Fire Department as the grade of the center driveway was
too steep. Staff commented that there would be the need for a variance to allow
the western driveway as indicated since it was closer to Chenal Valley than the
code allowed. Staff stated a variance could be supported if the driveway was only
for Fire access, not for general use by the tenants and public.
Other reviewing agency and department comments were presented. The applicant
was advised to submit responses to staff issues by January 9, 2019. The
committee forwarded the item to the full commission.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
10
I. ANALYSIS:
The applicant submitted a revised site plan and responses to the issues raised at
subdivision committee. The buildings will have setbacks from the perimeters
exceeding the minimums established by the code. The code states the minimum
setback from the street perimeter is 25 feet and the minimum from an interior
property line is to be at least the height of the structure. The site will be developed
in one phase. As is typical for any multiple building site, individual building permits
will be obtained for each structure and all permits may not be pulled at the same
time. All will be obtained within the three years allowed under site plan review.
Dumpster and recycling containers have been indicated at two locations. They will
be screened to comply with code standards. Light poles have been indicated at
various locations within the parking areas. All site lighting will be low-level and
directional, shielded downward and into the site. Fencing has been indicated on
the plan and will be 5-6 foot tall iron fencing. The western-most driveway previously
indicated as using Gordon Road has been eliminated. The site will have two
driveways onto Chenal Valley Drive. Both driveways will be gated and keypads
and turn-arounds are shown on the plan. The keypads/call boxes must be located
at least 40 feet from the back of the sidewalk. The grade of the driveways will not
exceed the maximum allowed by LRFD and the code.
Signage will consist of a single ground-mounted sign which complies with Section
36-552 of the code; 6 feet in height and 24 square feet in area.
The applicant indicates covered parking may be added in the future. Since none
is indicated on this site plan, any addition of new structures for covered parking will
require returning to the commission for additional site plan review.
The site is sloped and to accommodate the development it will be necessary to
use retaining walls. The retaining walls will not exceed the maximum allowable
height of 15 feet. A variance is requested to allow a retaining wall that e xceeds
200 feet in length to be constructed in a straight line without a 10 foot curved
section or jog. Staff supports this variance as the great majority of the indicated
retaining walls are located behind the buildings and screened by the development
itself.
Staff is supportive of the proposed development plan. The property is zoned
MF-12 which allows for multifamily development at a density not to exceed 12 units
per acre. The site contains 21.3 acres and 252 units are proposed resulting in a
density of 11.8 units per acre. A 252 unit multifamily development requires
378 parking spaces; 1.5 per unit. 378 parking spaces are proposed. The building
height and setbacks comply with code requirements.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
11
The subdivision/multiple building site plan review established in Section 31-13 of
the code is a development review process that provides for case by case
consideration of project particulars, including the provision of parking and
landscaping in accordance with the appropriate ordinances, siting of the buil dings
and the relationships with adjoining properties.
Public Works staff has requested that the applicant provide a traffic study due to
the site’s proximity to the un-signalized Chenal Parkway/Chenal Valley Drive
intersection and the peak-hour traffic expected to be generated by the apartments.
At the time of this writing, those discussions were ongoing.
J. STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were three persons present registered in opposition.
Staff presented the item and informed the commission that the applicant had submitted
the requested traffic study and had also made some minor revisions to the site plan in
response to a review of the project by the Chenal Architectural Review Committee. Staff
noted if there are any additional modifications beyond what staff has authority to approve,
the item will have to be brought back to the commission. Staff stated t he project was now
a two-phased development. Buildings 1, 2, 3 and 4, the clubhouse and associated
parking will be in Phase 1. Buildings 5, 6, 7, 8 and 9 and the remainder of the parking
will be in Phase 2. A minor side yard setback variance is requested for a corner of building
4 which has a side yard setback of 25 feet. Due to the height of the building, a side yard
setback of 35 feet is required. A variance is requested to allow for advance grading of
the site with construction of the Phase 1 portio n of the development. A dog park is now
indicated at the southwest corner of the development.
Public Works staff informed the commission that complaints have been received from the
public pertaining to the safety of the Chenal Parkway/Chenal Valley Drive north
intersection. A traffic study was submitted to staff as part of this application. The study
shows at the Chenal Parkway/Chenal Valley Drive north intersection the AM peak hour
signal warrant was satisfied prior to the construction of the proposed apartments. The
study also shows other volume-based signal warrants will be satisfied at that same
intersection following the full construction of the apartments. Based on the multi-building
site plan review criteria and the location of the property in relation to the intersection, staff
does not have the authority to require construction by the applicant of a signal at the
Chenal Parkway/Chenal Valley Drive north intersection.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
12
Staff recommended approval of the application subject to compliance with the comments
and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda
report
Staff recommended approval of a side yard setback variance for building 4.
Staff recommended approval of the advance grading request to allow grading of the entire
site with the construction of Phase 1.
Staff recommended approval of a variance to allow a retaining wall that exceeds 200 feet
in length to be constructed in a straight line without a 10-foot curved section or jog.
The applicant yielded his time to allow the opposition to speak first.
Tom Paulus, of 37 Germay Court, spoke of his concerns with allowing advance grading
of the entire site. He asked what would then happen if only the Phase 1 portion is built,
leaving the rest of the site unsightly and unfinished. He stated he was glad to have the
extra level of review by the Chenal Architectural Review Committee.
Joseph Luzzi, of 105 Germay Drive, spoke in opposition to the apartments. He stated his
was a quiet and peaceful neighborhood and he did not want this development to happen.
He voiced concerns about traffic and noise and urged the developer to find a better place.
Pat Luzzi, of 105 Germay Drive, stated she loved her home and her community and she
did not want to see a large apartment complex. She voiced concern about traffic and
described the intersection as dangerous. She asked the commission to deny the
application.
Shabbir Dharamsey, the developer, spoke in support of his application. He stated this
would be his third development in Little Rock. He described the proposed apartments as
a quality development. He stated the traffic count would not significantly increase at the
intersection. He stated his project was an allowable development based on the density
allowed by the zoning of the property.
Jess Griffin, the project engineer, stated it was safer to do all of the site grading at one
time, reducing the amount of time heavy equipment and vehicles would be on the site
and streets. He stated the site had to be graded to do the development. Mr. Griffin stated
they had met with the Chenal ARC and got their comments back after the subdivision
committee meeting; thus the slight modification. He stated they had worked hard to
comply with all comments from the City and the ARC. He stated the site would be well
landscaped and there would be a walking trail at the rear of the site. He said proper
notification was done by them and by staff. He stated the retaining wall would not
be visible. Mr. Griffin stated the property was zoned for multifamily under the original
Chenal plan.
January 31, 2019
SUBDIVISION
ITEM NO.: 1 (Cont.) FILE NO.: S-1836
13
In response to a question regarding the phasing and the advance grading, Mr. Griffin
stated the intent was to proceed with the entire project and not lea ve a portion
undeveloped.
In response to a question, Mike Hood of Public Works described the pros and cons of
advance grading. It stated it was appropriate in some cases as determined by the
planning commission.
A motion was made and seconded to approve the retaining wall variance. The motion
passed with a vote of 10 ayes, 0 noes and 1 absent.
A motion was made and seconded to approve the advance grading variance. The motion
passed with a vote of 10 ayes, 0 noes and 1 absent.
A motion was made and seconded to approve the application. The motion passed with a
vote of 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 2 FILE NO.: S-1837
NAME: LaMarche Village Preliminary Plat
LOCATION: Southeast corner of Taylor Loop Road and LaMarche Drive
DEVELOPER:
Forward Properties, LLC
15 Butterfield Lane
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
Forward Properties, LLC, Owner
White Daters and Associates, Authorized Agent
SURVEYOR/ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 2.67 acres NUMBER OF LOTS: 15 FT. NEW STREET: 0 LF
WARD: 5 PLANNING DISTRICT: 19 CENSUS TRACT: 42.12
CURRENT ZONING: R-2 single family residential
VARIANCE/WAIVERS: None requested.
BACKGROUND:
On August 9, 2018, the planning commission approved the applicant’s request to
withdraw a proposed preliminary plat to allow a 14-lot, detached single family residential
subdivision.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting preliminary plat approval to allow for development of a
15-lot, zero lot line, single-family residential subdivision.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
2
B. EXISTING CONDITIONS:
The site is currently occupied by 3 single family residential structures . Single
family homes at various densities are located on all sides of the site. Churches
are located slightly to the east and northwest of the site. An elementary school is
located to the northwest.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of abutting properties and the
Courts Neighborhood Association.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
LaMarche Drive and Taylor Loop Road.
2. Taylor Loop Road is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline or to the back of the
sidewalk, whichever is larger, will be required.
3. Repair or replace any curb and gutter or sidewalk that is damaged in the
public right-of-way prior to occupancy.
4. 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. Is the applicant requesting a
variance from the Land Alteration Regulations to grade the lots with
construction of detention pond and installation of utilities?
5. Storm water detention ordinance applies to this property. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owner association. Sufficient width must be
provided within Tract A for access to the detention pond from Taylor Loop
Road for future maintenance activities.
6. 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.
7. Hauling of fill material on or off site over municipal streets and roads 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.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
3
8. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
9. Alteration of the water course will require approval from the Little Rock District
of the US Army Corps of Engineers prior to start of work. A USCOE
jurisdictional wetland is located upstream of the subject property.
10. 18 driveways are proposed to be constructed along 620 ft. of frontage on
2 collector streets. Vehicles will be required to back out onto Lamarche Drive
and Taylor Loop Road. Driveways are proposed to be constructed with about
10 ft. of separation between driveways. Sec. 31-210€(2), states residential
lots shall take access from streets other than collector street within
subdivisions.
11. The proposed location of the mail kiosk within the Taylor Loop Rd/Lamarche
Drive intersection creates a traffic and safety hazard. The kiosk must be
moved as far from the intersection as possible.
12. Per Sec. 31-90 (2), provide a drainage analysis to determine the vertical and
horizontal building lines on the proposed lots.
13. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project
Entergy: Entergy does not object to this proposal. There is an existing three
phase, overhead power line along Taylor Lop Road at this location and a single
phase overhead power line bisecting the property beginning at Taylor Loop and
then heading southward into the proposed development. Construction of any
structure must maintain clearances between the structure and the power lines
according to OSHA and NESC (code) requirements. All required separations and
clearances to power lines must be maintained during and after construction.
Contact Entergy in advance to discuss electrical service requirements, or
adjustments to existing facilities (if any) as this project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
4
Fire Department:
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 constructed s hall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
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.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
5
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 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.
One- or Two-Family Residential Developments.
As per Appendix D, Section D107.1 of the Arkansas Fire Prevention Code
Vol. 1, One- or Two-Family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds 30
shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and al dwelling units are equipped
throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the
Arkansas Fire Code, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will connect with
future development, as determined by the f ire code official.
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 Marshals 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.
Parks and Recreation: No comments received.
County Planning: No comments.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
6
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: No comments.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
Joe White was present representing the application. Staff presented the item and
noted there were three variances; the lot widths being less than the minimum of
35 feet, the building line on the lots fronting onto the collector street being less than
30 feet and the residential lots taking access from the collector street. Staff
requested a phasing plan and noted the following notes needed to be added to the
plat: minimum lot size, a storm drainage analysis and the zoning of the abutting
properties. Staff expressed concern about the proposed number of driveways onto
LaMarche. Mr. White stated the previous plan had a rear driveway, with no
individual driveways onto LaMarche. He stated that plan was not supported by
Traffic Engineering staff. Mr. White stated he would meet with staff to see if some
agreement could be reached.
Public Works comments were presented and discussed.
Other reviewing agency and department comments were presented.
Mr. White was advised to submit responses to staff issues by January 9, 2019.
The committee forwarded the item to the full commission.
I. ANALYSIS:
The applicant submitted a revised preliminary plat and responses to issues raised
at subdivision committee. Staff met with the applicant and the new plan now shows
the proposed lots to all be rear-loaded off of an alley which has a single access
point on LaMarche and on Taylor Loop. T he number of proposed lots has been
reduced from 18 to 15 and the lot sizes have been increased to meet the code
required minimum of 35 feet in width. The front building line on all of the lots has
been increased to the required 30 feet for lots fronting on a collector street. The
lots have a 25 foot rear yard, one 5 foot side yard and one 0 foot side yard. A 10
foot “no vehicular access easement” has been indicated along the LaMarche and
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
7
Taylor Loop frontages of all lots. Stormwater detention has been indicated in a
tract along the east side of the plat.
As noted, the lots will take access off of a proposed alley. The alley is proposed
as a public alley. Typically, public alleys in residential subdivisions are
discouraged. The US Postal Service mail kiosk is located on the alley and USPS
requires such kiosks to be on a public right-of-way. Staff supports allowing the
proposed public alley with the understanding that maintenance of the alley is the
responsibility of the property owner’s association. That note will be included on
the plat and in the bill of assurance. Two areas of parking spaces (16 spaces total)
are indicated off of the alley to serve residents and guests. Those spaces will be
located in access easements. Driveway spacing variances are requested to allow
the alley to intersect LaMarche and Taylor Loop as indicated. Staff supports the
variances.
The subdivision is proposed to be constructed in 4 phases as follow
1. Lots 9-12 and the entire alley
2. Lots 5-8
3. Lots 1-4
4. Lots 13-15
A variance is requested to allow advance grading of the future phases with
construction of phase 1 which includes the alley. Staff supports that variance.
J. STAFF RECOMMENDATION:
Staff recommends approval of the proposed preliminary plat subject to compliance
with the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F of the agenda staff report.
2. Compliance with the following additional comments and conditions from Public
Works:
a. The alley is to be constructed with concrete aprons.
b. The plat is to show “no parking” within the public alley along with signage
installed in conformance with Section 30-5.
c. A note on the plat and language in the bill of assurance is to show the
maintenance of the public alley and the detention pond is the responsibility
of the property owner’s association and fees or dues are to be collected for
that maintenance.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
8
d. The portion of the alley to the south of Lots 13-15 and the 16-space common
parking areas are to be shown as private access easements.
e. The bill of assurance should show all trash receptacles including
receptacles from Lots 13-15 are to be taken to the west side of the alley for
collection.
Staff recommends approval of the following variances:
1. A variance from the Land Alteration Ordinance to allow advance grading of future
phases with construction of Phase 1 which includes the alley.
2. Driveway spacing variances from Section 31-210 to allow driveways on a collector
street to be closer than 125 feet from the side property line and closer than
250 feet from an intersecting street.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval subject to the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and F of
the agenda staff report.
2. Compliance with the following additional comments and conditions from Public Works:
a. The alley is to be constructed with concrete aprons.
b. The plat is to show “no parking” within the public alley along with signage installed
in conformance with Section 30-5.
c. A note on the plat and language in the bill of assurance is to show the maintenance
of the public alley and the detention pond is the responsibility of the property
owners’ association and fees or dues are to be collected for that maintenance.
d. The portion of the alley to the south of Lots 13-15 and the 16-space common
parking areas are to be shown as private access easements.
e. The bill of assurance should show all trash receptacles, including receptacles from
Lots 13-15, are to be taken to the west side of the alley for collection.
Staff recommended approval of the following variances:
1. A variance from the Land Alteration Ordinance to allow advance grading of future
phases with construction of Phase 1 which includes the alley.
January 31, 2019
SUBDIVISION
ITEM NO.: 2 (Cont.) FILE NO.: S-1837
9
2. Driveway spacing variances from Section 31-210 to allow driveways on a collector
street to be closer than 125 feet from the side property line and closer than
250 feet from an intersecting street (for the alley).
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all comments, conditions and variances.
The vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 3 FILE NO.: S-1838
NAME: The Ridge at Little Rock Preliminary Plat and Site Plan Review
LOCATION: Southeast corner of Caulden Drive and Leander Drive
DEVELOPER:
The Ridge at Little Rock, LP and Richsmith Holdings
9800 Maumelle Blvd.
North Little Rock, AR 72113
OWNER/AUTHORIZED AGENT:
Richsmith Holdings, Owner
White Daters and Associates, authorized agent
SURVEYOR/ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 7.75 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 6 PLANNING DISTRICT: 10 CENSUS TRACT: 24.03
CURRENT ZONING: MF-18, multi-family 18 units per acre
VARIANCE/WAIVERS: Land Alteration variance to allow advanced grading of the entire
site with construction of the first phase and reduced building setback along common
lot line.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting approval of a 2-lot preliminary plat and site plan review
to allow for construction of a 4-building, 9 unit multifamily development. Lot 1 is
proposed to contain 3.43 acres and will be developed with 2, 3 -story buildings
containing 24 units per building as well as a clubhouse/management building. Lot
2 is proposed for an additional 2, 3-story buildings containing 24 units per building.
A total of 195 parking spaces are proposed, exceeding the ordinance requirement
of 1.5 spaces per unit. The project is proposed to be developed in 2 phases with
Lot 1 being the first phase and Lot 2 following as the second phase.
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
2
B. EXISTING CONDITIONS:
The property is undeveloped and wooded. A multifamily development is adjacent
to the west. Single family properties and homes are located to the south and eat.
Undeveloped property is located across Leander to the north.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Leander Neighborhood Association.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Confirm this portion of Leander Drive is a public right-of-way. No documents
have been found by CLR staff that determine Leander Drive is within a public
dedicated right-of-way. Leander Drive is classified on the Master Street Plan
as a collector street. A dedication of right-of-way 30 feet from centerline will
be required.
2. Due to the proposed use of the property, the Master Street Plan specifies that
Caulden Avenue for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
3. A 20 feet radial dedication of right-of-way is required at the intersection of
Leander Drive and Caulden Avenue.
4. Sidewalks with appropriate handicap ramps are required to be constructed
along Caulden Avenue in accordance with Sec. 31-175 of the Little Rock
Code and the Master Street Plan.
5. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Leander Drive
including 5-foot sidewalks with planned development. The new back of curb
should be placed 15.5 ft. from the center of the existing street. With the
proposed additional foot traffic, the sidewalk near the intersection of Kanis
Road and Leander should be extended to Kanis R oad with access ramps
provided to cross Leander Drive.
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. Is a variance being requested
to advance grade phase 2 with construction of phase 1?
7. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e).
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
3
8. Storm water detention ordinance applies to this property. Maintenance of the
detention pond and all private drainage improvements is the responsibility of
the developer and/or property owner.
9. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from
the Arkansas Department of Environmental Quality prior to the st art of
construction.
10. 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.
11. Asphalt pavement should be provided to dumpster location.
12. The secondary emergency driveways shall be constructed with concrete
aprons per City Ordinance.
13. Hauling of fill material on or off site over municipal streets and roads 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.
14. Provide a letter prepared by a registered engineer certifying the inters ection
sight distance at the intersection(s) comply with 2004 AASHTO Green Book
standards.
15. Damage to public and private property due to hauling operations or operation
of construction related equipment from a nearby construction site shall be
repaired by the responsible party prior to issuance of a certificate of
occupancy.
16. Retaining walls designed to exceed 15 ft. in height are required to seek a
variance for construction. Provide proposed wall elevations.
17. Prior to construction of retaining walls, an engineer's certification of design
and plans must be submitted to Public Works for approval. After construction,
an as-built certification is required for construction of the retaining wall.
18. The owner and/or manager of each multi-family residence of 100 or more
dwelling units shall provide recycling and encourage participation by the
tenants, renters, or owners of each unit. Contact Melinda Glasgow at
371-4646 for more information.
19. The proposed driveway should intersect Leander Dr. at a 90 degree angle.
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
4
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project. Capacity Fee Analysis
Required
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. There is an existing
overhead power line on Leander at the SE corner of this project. Contact Entergy
in advance to discuss electrical service requirements, or adjustments to existing
facilities (if any) as this project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
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 constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
5
Commercial and Industrial Developments – 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet i n area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square
feet that have a single approved fire apparatus access road when all
building are equipped throughout with approved automatic sprinkler
systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
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 exceed 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 top 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
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
6
and the building. Other obstructions shall be permitted to be places with the
approval of the fire code official.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
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 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.
Multi-Family Residential Developments
As per Appendix D, Section D106.1 of the 2012 Arkansas Fire Prevention
Code Vol. 1. Projects having more than 100 dwelling units. Multiple-family
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
7
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all building, including nonresidential
occupancies are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2
As per Appendix D, Section D106.2 of the 2012 Arkansas Fire prevention
Code Vol. 1. Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads regardless of whether they
are equipped with an approved automatic sprinkler system.
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.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is subject to full commercial plan review and approval prior
to issuance of a building permit. For information on submittal requirements and the
review process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
2. 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, highway or
freeway. This strip shall be a minimum of nine (9) feet in width. Provide trees
with an average linear spacing of not less than thirty (30) feet within the
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
8
perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30)
linear feet of perimeter planting strip.
3. 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.
4. A land use buffer six (6) percent of the average width/depth of the lot will be
required when an adjacent property has a dissimilar use of a more restrictive
nature. The maximum width of the required buffer is fifty (50) feet. A minimum
of seventy (70) percent of the land use buffer shall be undisturbed.
Easements cannot count toward fulfilling this requirement. The property to
the south is zoned R-2.
5. A as a component of all land use buffer requirements, opaque screening,
whether a fence or other device, six (6) feet in height shall be required upon
the property line side of the buffer. In addition to the required screening,
buffers are to be landscaped at the rate of one (1) tree and three (3 ) shrubs
for every thirty (30) linear feet.
6. 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). For developments with more than one hundred fifty (150) parking
spaces the minimum size of an interior landscape area shall be three hundred
(300) square feet. 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.
7. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three (3) feet wide along the
vehicular use area. One (1) tree and four (4) shrubs shall be planted in the
building landscape areas for each forty (40) linear feet of vehicular use area
abutting the building.
8. An irrigation system shall be required fo r developments of one (1) acre
or larger.
9. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
10. 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.
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
9
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: No comments.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
Joe White was present representing the application. Staff presented the item and
noted additional information was needed on specifics of the proposed
development. Staff requested the number of units by bedroom count, building
heights and setbacks. Staff requested a signage plan in conformance with Section
36-552 (signs permitted in multifamily zones). Staff requested that the location of
the recycling container be indicated and the required screening described. Staff
requested a lighting and fencing plan. Staff asked if there would be any carports
or garages and that they be shown on the plan. Staff expressed concern with the
proposed gravel driveway to be used for access to the dumpster and also to be
used for secondary Fire Department access. Staff asked what would prohibit
tenants from using the gravel driveway to access Leander. There was a discussion
of alternative designs. Staff noted the following needed to be shown on the plat:
dimensions of all lot lines, a storm drainage analysis, names of owners of abutting
properties and zoning of abutting properties.
Public Works comments were presented and discussed. Staff stated no
documents had been found that determine Leander Drive is within a public
dedicated right-of-way. The applicant was asked to provide confirmation. Staff
noted that a nearby property owner had stated the site had previously been used
as a hazardous waste dumping ground. Mr. White responded that a Phase I
environmental site assessment had been done and there was no mention of any
such use.
Other reviewing agencies and department comments were presented.
The applicant was advised to submit responses to staff issues by January 9, 2019.
The committee forwarded the item to the full commission.
I. ANALYSIS:
The applicant submitted responses to most of the issues raised at subdivision
committee. The issues before the commission are a two lot plat and an
accompanying multiple building site plan review. The property is zoned MF -18
which allows for development of multifamily at a density not to exceed 18 units per
acre. Lot 1 is proposed to contain 3.43 acres. It will be developed as Phase 1 and
will contain two, three-story buildings with 24 units per building, a clubhouse and
associated parking. The density proposed for Lot 1 is 13.99 units per acre. Lot 2
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
10
is proposed to contain 4.32 acres. It will be developed as Phase 2 and will contain
two, three-story buildings with 24 units per building and associated parking. The
density proposed for Lot 2 is 11.11 units per acre.
The subdivision/multiple building site plan process established in Section 31-13 is
a development review process that provides for case by case consideration of
project particulars including the provision of parking and landscaping in
accordance with the appropriate ordinances, siting of buildings and the
relationships with adjoining properties.
Section 31-13 states:
“Term of approval”. Any applicant receiving approval of a site plan shall be limited
to a maximum of three (3) years from the date of approval to obtain all required
permits unless an extension of time is granted by the Planning Commission.
Otherwise, the site plan shall be considered void.
In an approved multiple-phased development, any phases for which the required
permits have not been obtained within three (3) years of the date of approval must
be reviewed and approved by the Planning Commission in the same manner as
established for the initial subdivision site plan review.”
Setbacks exceed the minimum established by the code in all but one area. The
code requires a setback from all exterior yards or yards which abut a public street
of 15 feet. Setbacks from interior property lines are to be no less than the height
of the building. The buildings are proposed to be 35 feet in height. Three of the
four buildings which abut the lot line between proposed Lots 1 and 2 have a
setback of 15 +/-. Staff is supportive of a variance to allow the reduced setback
since it is within the applicant’s development.
In each phase, the 48 units are broken down as follows:
a. 16 one-bedroom
b. 8 two-bedroom
c. 8 three bedroom
d. 16 four-bedroom
All site lighting will be low-level and directional, shielded downward and into the
site. There will not be any fencing or gating. There will not be any carports or
garages. Signage will comply with that allowed in multifamily. One ground mounted
sign is proposed not to exceed 6 feet in height and 24 square feet in area. A total
of 195 parking spaces are proposed, exceeding the code requirement of 1.5
spaces per unit. The development will have only one public access off of the north
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
11
end of Leander. A secondary, fire access is proposed near the south boundary
with a gate and a gravel driveway.
A variance is requested to allow for advanced grading of Lot 2 in conjunction with
construction of Phase 1. Staff supports that variance request. Caulden Avenue,
to the west of the site, is a private access easement. It was abandoned as public
right-of-way several years ago. Staff recommends approval of a variance to not
construct sidewalks along the east side of Caulden due to an existing sidewalk
being located on the west side of the street and this development’s ac cess to
Caulden being blocked by a retaining wall. No right-of-way dedication is required
for Caulden. Half-street improvements will be made to Leander in accordance with
the phasing of the development.
As of this writing there was only one outstanding issue. It was determined that
Leander was dedicated as public street at the time of the platting of Hocott Home
Sites Addition in the 1930’s. However, the southern portion of the street, adjacent
to the southeast perimeter of this site, was abandoned as public right-of-way in
1965. Evidence of rededication has not been found. This development indicates
the secondary fire access to access that site at a point where the Leander right -of-
way was abandoned. If access is proposed at that point, an access easement must
be obtained from the owner of that property to allow access north to where Leander
is a public street. Staff has been provided a sketch grading and drainage plan.
Staff has been provided a sight distance certification letter for the proposed
driveway. Staff has received confirmation that the issue of downstream insufficient
drainage will be adequately addressed at the time of issuance of a grading permit.
J. STAFF RECOMMENDATION:
Staff’s recommendation is forthcoming, pending resolution of the Leander Street.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicants were present. There were two persons present registered in opposition.
Two letters of opposition/concern had been received by staff and provided to the
commissioners. Staff presented the item and a recommendation of approval subject to
compliance with the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and F and
the staff analysis in the agenda staff report.
2. Compliance with the following additional conditions from public works and planning
staffs:
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
12
Public Works recommends approval of the application with the relocation of the
emergency fire access to the public right-of-way portion of Leander Drive subject to the
following conditions:
1. The portion of Leander Drive adjacent to the West End Subdivision was vacated by
the City of Little Rock by Ordinance No. 11,628 in 1965.
2. Right-of-way should be dedicated to Leander Drive with the platting of the subdivision
to 30 feet from centerline of Leander Drive within public right-of-way along the frontage
of the subject property.
3. Right-of-way should be dedicated to Leander Drive with the platting of the subdivision
to 30 feet from centerline of the private portion of Leander Drive along the frontage of
the subject property.
4. Boundary street improvements will be constructed adjacent to the subject property to
Master Street Plan standards to that portion of Leander Drive within public right-of-
way with construction of Phase 1.
Staff recommended approval of a variance to allow advanced grading of Lot 2 in
conjunction with construction of Phase 1. Staff recommended approval of a variance not
to construct sidewalks along the east side of Caulden and a variance to allow reduced
setbacks form the common interior lot line between proposed Lots 1 and 2.
Brian Dale, representing the applicant, stated he would yield his time to allow the
opposition to speak first.
Tom Humphries, of 7221 W. 17th Street, stated he represented the Leander neighborhood
Association and was speaking for 26 of the 27 homes in the association. He stated they
were not opposed to the development but had three concerns. He spoke of the traffic at
the Leander/Caulden intersection which currently is a three-way stop. He asked if it could
be changed so that only Caulden had the stop; allowing freer traffic movement on
Leander. He spoke of drainage issues at the Leander/16th Street intersection and stated
the small culvert was creating issues and there were concerns about increased run--off.
Lastly, he stated he hoped there would be a buffer on the south perimeter of the apartment
site where it is adjacent to single family.
Gina Hartsell, of 1623 Leander, stated she agreed with Mr. Humphries’s comments. She
too spoke of concerns about drainage and traffic. She stated she was not opposed to the
development, just wanted it done right. She asked why the developer did not use Caulden
for access.
Mr. Dale stated they were working with staff to address the 3 -way stop issue. He stated
development of the site would comply with the City’s Stormwater regulations. He stated
they were aware of the downstream issue and will go over and above the requirements
January 31, 2019
SUBDIVISION
ITEM NO.: 3 (Cont.) FILE NO.: S-1838
13
to help alleviate drainage issues. Mr. Dale stated there will be a 50 foot buffer on the
south perimeter, at least 70% of which will be undisturbed. He stated they may try to
leave more. He stated Caulden was private and they had no right of access. He stated
there were grade issues in that area as well. In response to a question, Mr. Dale
described the proposed half-street improvement which would be made adjacent to the
site. In response to a question, it was noted that the site would have to be landscaped to
comply with code.
A motion was made and seconded to approve the application, including all staff
comments and conditions. The motion passed with a vote of 10 ayes, 0 noes and
1 absent.
A motion was made and seconded to approve the land alteration variance. The motion
passed with a vote of 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 4 FILE NO.: Z-3396-B
NAME: Romero’s Enterprises Revised PID
LOCATION: 12,300, 12,310, 12,320 and 12,340 Chicot Road
DEVELOPER:
Alvaro Romero
2 Kelli Court
Mabelvale, AR 72103
OWNER/AUTHORIZED AGENT:
Alvaro Romero, owner and agent
SURVEYOR/ENGINEER:
Brooks Surveying
20820 Arch Street Pike
Hensley, AR 72065
AREA: 1.27 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: 7 PLANNING DISTRICT: 15 CENSUS TRACT: 41.05
CURRENT ZONING: PID
ALLOWED USES: Insulation company and carpet cleaning business
PROPOSED ZONING: Revised PID
PROPOSED USE: Add the following uses as permitted uses in the existing buildings:
General and professional office, convenience store (without gas pumps), auto mechanic
shop, warehouse, barber shop, tire sales and installation, beauty salon and retail store.
VARIANCE/WAIVERS: None requested.
January 31, 2019
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-3396-B
2
BACKGROUND:
This property was developed and occupied by non -residential uses prior to the area being
annexed into the City. The property was zoned R-2 at the time of annexation and the
uses and buildings were classified as non-conforming. On December 3, 1998, the
Planning Commission voted to recommend approval of a PID zoning request to recognize
the existing businesses occupying the property; an insulation company and a carpet
cleaning business. On January 5, 1998, the Board of Directors passed Ordinance No.
17,905 establishing Graves Short-form PID. No changes were proposed to the site or the
buildings.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The current owner/applicant is requesting a revision to the PID zoning to allow for
the addition of several additional uses to be permitted to occupy the existing
buildings. No changes are proposed to the buildings or site other than for what
minor renovations might be necessary to accommodate one of the new uses.
B. EXISTING CONDITIONS:
The site contains 4, one-story metal buildings. Each of the buildings has garage
doors/warehouse loading access. The site contains an asphalt paved parking lot.
The applicant owns the PID zoned lot adjacent to the north which contains a single
family residential structure and a storage building. Single family homes on larger
tracts and tracts of vacant residential property are located to the south and west.
The large undeveloped tract across Chicot Road to the east is owned by Centro
Christiano Hispano who envisions future development of the site for a church
campus.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Deer Meadow, Oxford Valley and SWLRUP
Neighborhood Associations.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Chicot 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.
January 31, 2019
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-3396-B
3
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this site. Retain 10'
sewer easement for existing sewer mains. Existing metal building over existing
sewer main may remain as currently configured. EAD analysis required
Entergy: Entergy does not object to this proposal. Electrical service is alr eady
provided to the structures on this property. Contact Entergy in advance to discuss
electrical service requirements, extensions, or adjustments to existing facilities.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department: Full plan review
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is a change in occupancy and is therefore subject to current
building code requirements. Review and approval is required by Building Codes
Division before occupancy takes place. Handicap Accessibility will be required.
Including but not limited to building access and parking. For information on
submittal requirements and the review process, contact a commercial plans
examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape and
buffer ordinance requirements.
2. Any new building rehabilitation or expa nsion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current code
requirements to be brought into compliance. Existing vehicular use areas may
continue as nonconforming until such time as a building permit is granted to
enlarge or reconstruct a structure on the property exceeding ten (10) percent
January 31, 2019
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-3396-B
4
of the existing gross floor area. At such time ten (10) percent of the existing
vehicular use area shall be brought into compliance on a graduated scale.
3. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: This request is located in Geyer Springs West Planning District.
The Land Use Plan shows Office (O) for this property. The Office category
represents services provided directly to consumers (e.g., legal, financial, medi cal)
as well as general offices which support more basic economic activities. The
applicant has applied for revised PID (Planned Industrial District) to allow for
additional retail uses in the existing buildings.
Master Street Plan: East of the property is Chicot Road and it is shown as
Principal Arterial on the Master Street Plan. The primary function of a Principal
Arterial Street is to serve through traffic and to connect major traffic generator or
activity centers within an urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Chicot Road since it is a
Principal Arterial. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
The applicant was present. Staff presented the item and noted some additional
information was needed. The applicant was asked to provide the number of
parking spaces on the site, a signage plan and the days and hours of operation for
the proposed uses. Staff asked that the dumpster location and required screening
be indicated on the plan. Staff asked if any new site lighting would be added and
if any of the proposed businesses would have alcohol sales.
Public Works comments were noted and explained.
Other reviewing agencies and departments comments were presented.
The applicant was advised to submit responses to staff issues by January 9, 2019.
The committee forwarded the item to the full commission.
January 31, 2019
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-3396-B
5
I. ANALYSIS:
The applicant submitted responses to questions raised at subdivision committee.
The property contains four buildings. The larger building (12,300) is divided into
4 spaces/lease areas. The current PID allows for the buildings to be used only for
an insulation company and a carpet cleaning business. The applicant desires to
retain those uses while adding a short list of additional uses as options to occupy
the site. The applicant is requesting to add general and professional office,
convenience-type food store without gas pumps (no alcohol sales), barber or
beauty shop, tire sales and installation, auto repair shop, retail sales, warehouse
and auto paint and body shop.
Signage is proposed to consist of a single, multi-tenant ground mounted sign
(40 square feet in area and 12 feet in height) and wall signage at the front entrance
to each tenant’s lease space. The wall signage will not have direct street frontage
for several of the spaces as they front into the site, not to the street. Days and
hours of operation are proposed not to exceed 7:00 a.m. – 7:00 p. m., Monday –
Saturday. No new site lighting is proposed. There are currently two night-watcher
type lights on the site. The dumpster has been indicated between the two buildings
at the southwest portion of the site. The dumpster is to be screened to comply
with Code standards. Servicing of the dumpster should be limited to 7:00 a. m. –
6:00 p. m., Monday – Saturday. There are 35 paved parking spaces on the site
which should be sufficient for the proposed uses. The applicant has stated that
there will be no alcohol sales. The existing fence at the front of the property is
being replaced with a new wrought-iron fence. Staff is supportive of most of the
items proposed by the applicant. Staff does not support allowing an auto paint and
body shop. It is staff’s experience that such uses result in damaged vehicles being
parked on the site for extended periods of time. There is not sufficient space on
the site to accommodate an area for parking/storage of such vehicles. Staff is
supportive of the other uses as they are all uses which can be conducted within
the enclosed buildings.
J. STAFF RECOMMENDATION:
Staff recommends approval of the requested revised PID subject to compliance
with the following conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F and the staff analysis in the agenda staff report.
2. No auto paint and body shop is allowed
3. The dumpster is to be screened to comply with Code standards and dumpster
service hours are to be limited to 7:00 a. m. – 6:00 p. m.
4. All uses are to be conducted entirely within the enclosed buildings.
January 31, 2019
SUBDIVISION
ITEM NO.: 4 (Cont.) FILE NO.: Z-3396-B
6
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as 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 all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 5 FILE NO.: Z-6535-A
NAME: Sky Bar Private Club Short-form PD-C
LOCATION: 10305 Arch Street Pike (4524 Dixon Road)
DEVELOPER:
Choice Equity Investments, LLC
OWNER/AUTHORIZED AGENT:
Choice Equity Investments, Owner
Stephen Giles, Dover Dixon Horne PLLC, Authorized Agent
425 W. Capitol Ave., Suite 3700
Little Rock, AR 72201
SURVEYOR/ENGINEER:
Hope Consulting Engineers
117 S. Market Street
Benton, AR 72015
AREA: 4.16 acres NUMBER OF LOTS: 2 (one zoning lot) FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 23 CENSUS TRACT: 40.01
CURRENT ZONING: C-3 General Commercial
ALLOWED USES: General Commercial as per C-3
PROPOSED ZONING: PD-C
PROPOSED USE: Private club
VARIANCE/WAIVERS: None requested.
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
2
BACKGROUND:
On June 2, 1998, the Board through Resolution No. 10,291 approved the extension of a
sewer main for a connection with an existing sewer main on property located outside the
corporate city limits at the northeast corner of Arch Street and Dixon Road, provided that
no such extension can be made until the owner executes binding pre-annexation
agreements on behalf of the City, complies with all zoning regulations the City would have
for such a development and complies with any terms and conditions required by the Little
Rock Wastewater Utility. That resolution also stated the City’s intent to exercise
extraterritorial planning and zoning jurisdiction over the area. On September 1,
1998, the Board passed Ordinance No. 17,815 zoning this property to C-3 general
commercial district with the exception of the north 75-feet thereof adjacent to Old Castle
Road which was zoned to OS open space district. The property has been mostly cleared
but has remained undeveloped.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant states that he plans to build a two-story structure at the south end of
the property consisting of approximately 7,000 square feet. The owners will use
the building, named Sky Bar, as a private club restaurant and bar with areas
devoted to the sale of branded merchandise such as t-shirts, hats and other items
promoting the business; not including adult toys, novelties, magazines or videos.
In addition, there will be an area containing electronic games, pool tables, 70” TV’s,
etc., for customer’s enjoyment. Total seating on the two levels will be for about
150 patrons. The kitchen will prepare food to be served on both floors. Alcoholic
beverages will be served from the bars on the first and second floors. As a
secondary amenity for customers’ entertainment, each level will have a runway
elevated above the floor where female entertainers will occasionally dance in a
burlesque fashion to music from a house sound system. The owners state that the
conduct and attire of staff and entertainers will be similar to that of Twin Peaks and
Hooters Restaurants and in compliance with State ABC liquor license regulations
and the applicable City ordinances. The hours will be 11:00 a.m. to 5:00 a.m.,
7 days a week.
B. EXISTING CONDITIONS:
The property consists of two lots totaling 4.16 acres in area. The development
will utilize both lots. The site is cleared and undeveloped. A billboard is located in
a lease area adjacent to Arch Street on the northern portion of the site. A single
family residential subdivision is located adjacent to the north of the site.
Undeveloped tracts and single family homes on larger tracts are located adjacent
to the east. Across Dixon Road to the south, on either side of Ironton Cutoff Road,
are a wrecker/towing company and a convenience store with gas pumps. Farther
south along Ironton Cutoff are the City of Little Rock police training academy and
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
3
the City’s landfill. Across Arch Street to the west is a large, PID-zoned
manufacturing plant.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the SWLRUP Neighborhood Association.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. With site development, provide design of street conforming to the Master Street
Plan. Construct one-half street improvement to Dixon Road including 5-foot
sidewalks with planned development. The new back of curb should be located
18 ft. from striped centerline.
2. Obtain permits for improvements within State Highway right-of-way from AHTD,
District VI.
3. 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.
4. 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.
5. Provide survey of the entire property to evaluate the proposed driveway
location.
6. Driveway location does not meet the traffic access and circulation requirements
of Sections 30-43 and 31-210. Driveway spacing on collector streets is
250 from street intersections or other driveways and 125 ft. from side property
lines. A driveway will not permitted within the WB left turn bay due to the
amount of left turn movements at Ironton Cutoff Rd and Arch Street Pike.
7. Show location of streets and driveways on the southside of Dixon Road along
with existing street striping showing the left turn bays for both Ironton Cutoff
and Arch Street Pike.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Retain 10' easement(s) for existing
sewer(s). Property is outside City Limits, therefore sewer currently unavailable for
connection.
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
4
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. There is an existing
overhead power line which runs along the north side of Dixon Road at this location.
Care should be used in installing the entry drive in this area so that all NESC (code)
required clearances are maintained during and after construction. Contact Entergy
in advance to discuss electrical service requirements, or adjustments to existing
facilities (if any) as this project proceeds.
Centerpoint Energy: No comment received.
AT&T: No comments received.
Central Arkansas Water: No comments received.
Fire Department:
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 constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driving surface capable
of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments – 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
5
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet that
have a single approved fire apparatus access road when all building are equipped
throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
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 exceed 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 top of the parapet walls, which ever 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.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix
D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead
Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be
provided with width and turnaround provisions in accordance with Table D103.4.
Requirements for Dead-end fire apparatus access roads.
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
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
6
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 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.
Parks and Recreation: No comments received.
County Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is subject to full commercial plan review and approval prior
to issuance of a building permit. For information on submittal requirements and the
review process, contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
7
Landscape:
1. Site plan must comply with the City’s minimal landscape and buf fer ordinance
requirements.
2. 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.
3. 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, highway or freeway.
This strip shall be a minimum of nine (9) feet in width. Provide trees with an
average linear spacing of not less than thirty (30) feet within the perimeter
planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet
of perimeter planting strip.
4. 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 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.
5. Building landscape areas shall be provided between the vehicular use area
used for public parking and the general vicinity of the building. These shall be
provided at the rate equivalent to planter strip three (3) feet wide along the
vehicular use area. One (1) tree and four (4) shrubs shall be planted in the
building landscape areas for each forty (40) linear feet of vehicular use area
abutting the building.
6. An irrigation system shall be required for developments of one (1) acre
or larger.
7. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
8. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
8
Planning Division: This request is located Arch Street Planning District. The Land
Use Plan shows Commercial (C). The Land Use Plan shows Commercial (C) for
this property. The Commercial category includes a broad range of retail and
wholesale sales of products, personal and professional services, and general
business activities. Commercial activities vary in type and scale, depending on the
trade area that they serve. The applicant has applied for rezoning from C -3
(General Commercial District) and OS (Open District) to PDC (Planned District
Commercial) to allow a private club as an allowable use.
Master Street Plan: West of the property is Arch Street and it is shown as a
Principal Arterial on the Master Street Plan. South of the property is Dixon Road
and it is shown as a Collector on the Master Street Plan. The primary function of
a Principal Arterial Street is to serve through traffic and to connect major traffic
generator or activity centers within an urbanized area. Entrances and exits should
be limited to minimize negative effects of traffic and pedestrians on Arch Street
since it is a Principal Arterial. The primary function of a Collector Road is to provide
a connection from Local Streets to Arterials. These streets may require dedication
of right-of-way and may require street improvements for entrances and exits to
the site.
Bicycle Plan: A Class II Bike Lane is shown along W Dixon Road Street. Bike
Lanes provide a portion of the pavement for the sole use of bicycles. A Class II
Bike Lane is shown along Arch Street. Bike Lanes provide a portion of the
pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
Stephen Giles was present representing the application. Staff presented the item
and noted additional information was needed. The applicant was advised to
submit a revised site plan showing the entirety of the property and the relationship
of the proposed development to property lines. Staff asked the applicant to provide
the building height and some description of proposed buil ding materials. Staff
requested a signage plan, a fencing plan and a site lighting plan. The applicant
was advised to indicate the dumpster and required screening. Staff stated
dumpster service hours should be limited to 7 a.m. to 6 p.m., Monday-Friday. The
applicant was advised to provide information regarding the proposed treatment of
the perimeter of the property, including materials and techniques used such as
screens, walls and fences and to provide in percentages the amount of building
coverage, paved area and landscape area/greenspace. The applicant was asked
to provide a description of the existing conditions of the property as specified by
Section 36-456 (d).
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
9
Public Works comments were presented and discussed. Staff expressed concerns
about the proposed driveway location; stating it did not comply with required
spacing and created a conflict with turning movements onto Ironton
Cut-off and Arch Street Pike.
Staff informed the committee of City of Little Rock Resolution 10,291 dated
June 2, 1998 approving the extension of sewer service outside the City to this site
provided that no such extension can be made until the owner executes binding
pre-annexation agreements of behalf of the City, complies with all zoning
regulations the City will have for such a development and complies with any terms
and conditions required by Little Rock Wastewater Utility (Little Rock Water
Reclamation Authority). If the developer proposes not to tie to the City’s system,
an approval letter from the Arkansas Department of Health for an onsite
wastewater system shall be provided as a condition of the application.
In response to a question from the committee, Mr. Giles briefly described the type
of private club being proposed; including having female entertainers dancing in a
burlesque fashion.
The applicant was advised to submit responses to staff issues by January 9, 2019.
The committee forwarded the item to the full commission.
I. ANALYSIS:
The applicant submitted responses to the issues raised at subdivision committee.
The driveway has been relocated to the Arch Street frontage. Placement of the
driveway complies with code standards. The building is located nearer the
southern perimeter of the property and proposed building setbacks meet or exceed
those typically required for C-3. The parking lot is shown with 71 spaces.
70 spaces are required for this use. Pavement materials are indicated to be
properly paved with asphalt or concrete to comply with city code standards.
Signage is not located but any signage should comply with that allowed in
commercial zones. The dumpster and required screening have been located just
north of the building. Dumpster service hours should be limited to 7:00 a.m. to
6:00 p.m. Monday-Friday due to the close proximity of residential properties. The
building will have a height of 30 feet and will have an exterior finish of metal with
brick skirting and a metal 4:12 sloped roof. An area of trees has been indicated to
remain along the eastern perimeter of the site. That area appears to range in depth
from 50 to 80 feet. No development is proposed in the area that is currently zoned
OS. Based on the average width and depth of the property, street perimeter
buffers of no less than 23 feet should be located along both Arch Street and Dixon
Road. The applicant indicates street buffers of 9 feet which is the minimum
allowed. Two storm water detention area are located near the south perimeter of
the site.
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
10
Staff has concerns with placement of the proposed private club. The general
guidelines for placement of a private club state a private club shall not be located
within 750 feet of any single family use. Measurement shall be made in a straight
line, without regard for intervening structures or objects, from the nearest portion
of a building or structure proposed for occupancy as a private club to the nearest
property line of the residential use. A planned development process allows for an
exception to be made. The proposed private club is to operate until 5:00 a.m.,
seven days a week. Single family property in the England Acres Subdivision is
located 290 feet to the north of the proposed private club building. The parking lot
and driveway are as close as 120 feet. Staff feels the activities and late hours of
operation could have a deleterious effect on the residents.
It is the intent of the planned development process to assure that applications are
not granted for the sole benefit of the applicant but that the process be used to
establish developments that are compatible with the surrounding area, are
harmonious with the character of the neighborhood and do not have a negative
effect upon the future development of the area. Staff does not believe the
proposed private club and the activities proposed by the applicant for this club fulfill
the intent.
J. STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were several persons present in opposition. Five
persons turned in speaker cards. Numerous e-mails, letters and a petition of opposition
had been received by staff and forwarded to the commission.
Attorney Stephen Giles, resenting the applicant, addressed the commission. He stated
he had been recovering from an operation and had been unable to properly attend to the
application. He requested deferral of the item. Mr. Giles stated he had learned of some
concerns the neighbors had and he felt there was some misinformation about the
proposed use. A motion was made and seconded to defe r the item. The motion failed
with a vote of 4 ayes, 6 noes and 1 absent.
Staff presented the item and a recommendation of denial.
State Senator Linda Chesterfield, of 12 Keo Drive, spoke in opposition. She asked those
present in opposition to stand. Several persons stood to be recognized. Senator
Chesterfield stated the neighborhood had been fighting this proposed development at the
January 31, 2019
SUBDIVISION
ITEM NO.: 5 (Cont.) FILE NO.: Z-6535-A
11
County Quorum Court and the State Alcohol Beverage Control. She stated they did not
want a sexually oriented business near their neighborhood.
State Representative Julie Mayberry, of 1222 Orchard Lake Lane Hensley, spoke in
opposition. She stated the neighbors had been fighting this for some time. Representative
Mayberry noted the opposition present in the room and eviden ced by the letters and
petitions. She noted the presence of an elementary school in the area and stated this
area of the county was “dry.”
Gary Bennett, of 12010 Arch Street, spoke in opposition. He read from a prepared
statement in which he outlined his reasons for opposing the application.
Madison Throneberry and Gerald Ashford, of Porocel Company at 10300 Arch Street,
spoke of their opposition to the item. They stated they were concerned about the safety
of their employees.
Chairman Latture noted the presence of those in opposition who did not indicate a desire
to speak.
Stephan Giles stated the main focus of the business would be a restaurant. He stated
the State had granted the private club license. Mr. Giles stated the business would have
security. He stated the owner was making an investment and he did not want to be a
detriment to the community. He said the applicant was initially told by the County that the
location was outside of the City’s jurisdiction. Mr. Giles stated he did not believe the
proposed use would be deemed to be a sexually oriented business.
A motion was made to approve the application, including all staff comments and
conditions, except the recommendation of denial. The motion failed with a vote of 0 ayes,
10 noes and 1 absent.
January 31, 2019
ITEM NO.: 6 FILE NO.: Z-8445-B
NAME: Medical Hearing Associates of Arkansas Revised Short-form PD-O
LOCATION: 5910 C Street
DEVELOPER:
Medical Hearing Associates of Arkansas
5910 C Street
Little Rock, AR 72205
OWNER/AUTHORIZED AGENT:
Medical Hearing Associates of Arkansas; Bradley Davis, Au.D.CCC-A and Nancy Kang
Davis, M.D.; owners and authorized agents
SURVEYOR/ENGINEER:
Holloway Engineering
200 Casey Drive
Maumelle, AR 72113
AREA: .227 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.01
CURRENT ZONING: POD, expired
ALLOWED USES: Previously approved for temporary use as administrative offices for
the adjacent medical facility.
PROPOSED ZONING: PD-O
PROPOSED USE: Audiology Clinic
VARIANCE/WAIVERS: Reduction in on-site parking
BACKGROUND:
Ordinance No. 20,114 adopted by the Board on August 3, 2009 rezoned this lot and the
lot adjacent to the east from R-3 single-family to PD-O to allow for development of a
surgery center. The two single-family structures were to be removed and an 8,780 square
January 31, 2019
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8445-B
2
foot surgery center building constructed in their place. That development did not occur.
On January 19, 2010, the Board approved Ordinance No. 20,211 establishing a revised
POD for this lot to allow for use of the residential structure as a temporary administrative
office for the medical clinic located to the west, fronting onto University Avenue. Use of
the building as offices was to be until plans were finalized for the previously-approved
surgery center. Again, that development did not occur.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting approval of a PD-O zoning to allow for use of the
existing residential structure for an audiology clinic. The new practice is called
Medical Hearing Associates of Arkansas and is a partnership between Bradley
Davis, Au. D., CC-A and his wife Nancy Kang Davis, M. D. Services include
hearing instrument dispensing, custom hearing protection devices, tinnitus
evaluation and therapies, Auditory Processing Disorder testing and
recommendations, workers compensation evaluations, medico legal evaluations,
cochlear implant candidacy evaluations and cochlear implant mapping. The
business structure is one patient per time slot, by appointment only, with an
expected average of three patients per day. Office hours are 8-4, weekdays only.
There are no other employees of the business.
B. EXISTING CONDITIONS:
The site is occupied by a one-story, brick and frame, 1,466 square foot, residential
structure. A single-wide, 28 foot deep concrete driveway is located in front of the
structure. A single family residence is adjacent to the east. A parking lot is
adjacent to the west. Single family residences are located to the north. The
Midtown Shopping Center and single family residences a re located across C Street
to the south.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Hillcrest and Save Hillcrest Neighborhood Associations.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
C Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. On-street parking on C Street is prohibited.
January 31, 2019
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8445-B
3
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this site.
Entergy: Entergy does not object to this proposal. Electrical service is already
provided to the structure on this property. Contact Entergy in advance to discuss
changes to electrical service requirements, extensions, 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: No comments.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is a change in occupancy and is therefore subject to current
building code requirements. Review and approval is required by Building Codes
Division before occupancy takes place. Handicap Accessibility will be required.
Including but not limited to building access and parking. For information on
submittal requirements and the review process, contact a commercial plans
examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape and
buffer ordinance requirements and the Hillcrest Overlay District.
2. Any new building rehabilitation or expansion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current code
requirements to be brought into compliance. Existing vehicular use areas may
continue as nonconforming until such time as a building permit is granted to
enlarge or reconstruct a structure on the property exceeding ten (10) percent
of the existing gross floor area. At such time ten (10) percent of the existing
vehicular use area shall be brought into compliance on a graduated scale.
January 31, 2019
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8445-B
4
3. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: We recommend a sidewalk along the front of the property,
as well as a sidewalk connecting from the building to the front of the property.
All buildings should have minimum ADA access, but this is especially true for
buildings where medical care is being provided.
Planning Division: This request is located Heights Hillcrest City Planning District.
District. The Land Use Plan shows Office (O) for this property. The office category
represents services provided directly to consumers (e.g., legal, financial, medical)
as well as general offices which support more basic economic activities. The
applicant has applied for rezoning from expired PD-O (Planned District Office) to
PDO (Planned District Office) to allow conversions of the existing structure to a
medical office. The site is within the Hillcrest Design Overlay Districts.
Master Street Plan: South of the Property is C Street and it shown as a Local Street
on the Master Street Plan. The primary function of Local Streets is to provide
access to adjacent properties. Local Streets that are abutted by non-residential
zoning/use or more intensive zoning than duplexes are considered as “Commercial
Streets”. A Collector design standard is used for Commercial Streets. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
The applicant was present. Staff presented the item and noted some additional
information was needed. Staff asked if a dumpster would be used and, if so, that
it be shown on the site plan. Staff requested a signage plan and a lighting plan, in
compliance with the Midtown DOD. Staff noted the lack of available on-site
parking. It was suggested that the applicant contact the owners of the parking lot
adjacent to the west about leasing or otherwise obtaining permission to use 2 -3
parking spaces.
Public Works comments were presented and explained.
Other reviewing agencies and departments comments were presented.
January 31, 2019
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8445-B
5
The applicant was advised to respond to staff issues by January 9, 2019. The
committee forwarded the item to the full commission.
I. ANALYSIS:
The applicant submitted responses to the issues raised at subdivision committee.
Bradley Davis, Au.D., CC-A is the sole provider of services and there is no support
staff. He will be the one and only employee at this clinic. An average of three
patients per day will be seen and each appointment is scheduled so as to preclude
any overlap. No dumpster will be used. Signage will comply with the DOD which
allows a wall sign as is typical in office districts and a single, monument-style
ground sign no more than 24 square feet in area and 6 feet in height. No additional
site lighting will be added.
At staff’s suggestion, the applicant approached the medical clinic and shopping
center who own nearby parking lots about the possibility of acquiring permission
to utilize one or two parking spaces. Both denied the request, either through a
memorandum of understanding or a rental arrangement. The site contains a
single-wide concrete driveway. The proposed use requires three parking spaces
to comply with the DOD and to provide the minimum number of spaces needed for
the use. Staff worked with the applicant to arrive at a plan whereby the driveway
will be widened to accommodate two paved parking spaces, one of which will be
a van-accessible handicap space. These parking spaces will be located partially
in the right-of-way once new r-o-w is dedicated. A franchise must be obtained to
allow the parking in the r-o-w. A “flagpole-type” gravel parking space will be
located in front of the structure parallel to the street and perpendicular to the two
paved parking spaces. This space will be used by Dr. Davis on the days he drives
to the office. He has stated there are days he will not be driving to the office but
will use alternative transportation.
On January 11, 2019, the Midtown Advisory Board met with the applicant and
reviewed the proposal. After the discussion, the Advisory Board voted to
recommend approval of the application by unanimous vote.
To staff’s knowledge, there are no outstanding issues.
J. STAFF RECOMMENDATION:
Staff recommends approval of the request subject to compliance with the following
conditions:
1. Compliance with the comments and conditions outlined in paragraphs D, E and
F and the staff analysis in the agenda staff report.
2. A franchise must be obtained for the parking in the right-of-way.
January 31, 2019
SUBDIVISION
ITEM NO.: 6 (Cont.) FILE NO.: Z-8445-B
6
3. The single gravel parking space must be bordered in a manner to contain the
gravel and must be maintained in a manner that does not result in the creation
of dust, mud, silt or standing water.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as 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 all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 7 FILE NO.: Z-9120-A
NAME: Rebel Kettle Revised Short-form PCD
LOCATION: 822 East 6th Street
DEVELOPER:
822 East 6th, LLC
20710 Highway 365 N
Maumelle, AR 72113
OWNER/AUTHORIZED AGENT:
822 East 6th, LLC/Owner
White Daters & Associates/Authorized Agent
SURVEYOR/ENGINEER:
White Daters & Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: .52 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 1 PLANNING DISTRICT: 7 CENSUS TRACT: 2
CURRENT ZONING: PCD
ALLOWED USES: UU Urban Use District uses and micro-brewery restaurant
PROPOSED ZONING: Revised PCD
PROPOSED USE: UU Urban Use District uses and micro-brewery restaurant with
change to site plan.
VARIANCE/WAIVERS: Remove screening walls in front of the parking lot on the west
side of the building.
BACKGROUND:
On May 3, 2016, the Board approved Ordinance No. 21,232 establishing the Rebel Kettle
and Restaurant Short-form PCD. The PCD was necessary since there were two
variances from the standards of the Presidential Park Design Overlay District and UU
January 31, 2019
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9120-A
2
Urban Use District. The approval allowed an area for outdoor entertainment within a
fenced yard area on the east side of the property; not to be used as an event center (a
variance from the UU District which requires all uses to be within an enclosed building).
The approval also allowed parking on the west side of the building to access East 6th
Street (a variance from the DOD standards which state no surface parking is to be located
along E. 6th Street). A 42” tall screening wall was constructed on either side of the
driveway onto E. 6th Street to visually hide the appearance of the surface parking lot.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is requesting a revision to the PCD to allow for the addition of a
20’ x 20’ storage building and to allow for removal of the previously-constructed
screening walls. The storage building is to be located at the rear of the site. The
applicant is proposing to install landscape materials in lieu of the screening walls.
All other aspects of the PCD will remain unchanged.
B. EXISTING CONDITIONS:
The site has been developed as per the approved PCD and the brewery restaurant
is in operation. The site is located in an area populated primarily by light industrial,
warehouse and wholesale type uses. A convenience store with gas pumps is
adjacent to the west. Beginning at this site and extending to the east, new
non-industrial uses are developing, including the Lost Forty Brewery Restaurant,
E-STEM’s east campus and the East Village development.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Hanger Hill Neighborhood Association.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
No comments.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this site.
Entergy: Entergy does not object to this proposal. There do not appear to be any
conflicts with existing electrical utilities at this location. Contact Entergy in advance
to discuss electrical service requirements, or adjustments to existing facilities
(if any) as this project proceeds.
January 31, 2019
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9120-A
3
Centerpoint Energy: No comments received.
AT&T: No comment received.
Central Arkansas Water: No comments received.
Fire Department:
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.
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.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comment if this is a pre-manufactured storage building. If build
on site the Project is subject to full plan review and approval prior to issuance of a
building permit. For information on submittal requirements and the review process,
contact a commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape and
buffer ordinance requirements and the Presidential Park Overlay District.
2. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulf illing Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper
or larger.
January 31, 2019
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9120-A
4
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: This request is located I-30 Planning District. The Land Use
Plan shows Mixed Use Urban (MXU) for this property. Mixed Use Urban category
provides for a mix of residential, office and commercial uses not only in the same
block but also within the same structure. This category is intended for older “urban”
areas to allow dissimilar uses to exist, which support each other to create a vital
area. Development should reinforce the urban fabric cresting a 24-hour activity
area. Using the Planned Zoning District or the Urban Use District, high and
moderate density developments that result in a vital (dense) pedestrian oriented
area are appropriate. The applicant has applied for a revised PCD (Planned
Commercial District) to add a storage building and to modify t he screening of the
west parking lot. The site is within the Presidential Park Design Overlay District.
Master Street Plan: South of the property is East 6th Street and it is shown as a
Collector on the Master Street Plan. East of the property is Collins Street and it is
shown as a Local Street on the Master Street Plan. The primary function of a
Collector Road is to provide a connection from Local Streets to Arterials. The
primary function of a Local Street is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. A Collector design
standard is used for Commercial Streets. These streets may require dedication of
right-of-way and may require street improvements.
Bicycle Plan: A Class II Bike Lane is shown along East 6th Street. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
Joe White was present representing the application. Staff presented the item and
noted little additional information was needed. Staff requested a more complete
description of the landscaping proposed to be used in place of the previously
required screening walls. Staff noted a franchise would be required for any
landscaping to be planted in the right of way. Mr. White was asked to provide a
written justification for requesting removal of the screening walls. Staff asked that
the dumpster and required screening be indicated on the site plan.
Other reviewing agencies and departments comments were noted.
The applicant was advised to submit responses to staff issues by January 9, 2019.
The committee forwarded the item to the full commission.
January 31, 2019
SUBDIVISION
ITEM NO.: 7 (Cont.) FILE NO.: Z-9120-A
5
I. ANALYSIS:
The applicant submitted responses to the issues raised at subdivision committee.
The reason stated for the proposed removal of the 42” screening walls is customer
safety. The parking area on the west side of the building is screened on all four
sides by the building, privacy fencing and the screening walls. The parking area
is rather secluded and has tended to attract some transients. The business
currently spends $7,000 per year to provide off-duty police officers to patrol the
area. He believes opening up the view from 6th Street will help with this issue.
Currently there are two evergreen trees and a row of evergr een shrubs on each
side of the driveway. Both trees and the shrubs are behind the walls that are
proposed for removal. The owner will maintain the existing trees and shrubs and
will enhance them to meet code. He does want to keep the plantings (shrubs) low
enough to see the parking area from the street. The existing dumpster and
required screening are located on the north side (behind) of the building. No
change is proposed. The existing fencing has been note d on the site plan.
No changes are proposed. Placement of the 20’ x 20’ storage building will result in
the loss of 2 parking spaces. The base zoning in the area is UU Urban Use which
has no on-site parking requirement. There is sufficient parking on the site and in
the area to accommodate the use.
To staff’s knowledge there are no outstanding issues. The initial PUD was
necessary due to the proposed outdoor use area and to allow the parking off of 6th
Street. There is no change proposed to the previously-approved outdoor use area.
The existing and proposed landscaping will provide some screening of the parking
lot. Since this PCD was initially approved, there has been a major new
development established just a few blocks to the east (East Village). East Village
was approved with substantial parking lots directly along 6th Street.
J. STAFF RECOMMENDATION:
Staff recommends approval of the application subject to compliance with the staff
comments and conditions outlined is paragraphs D, E and F and the staff analysis
in the agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as 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 all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 8 FILE NO.: Z-9383
NAME: Union Rescue Mission POD
LOCATION: 4017 Franklin Street
DEVELOPER:
Union Rescue Mission
3001 Springer Avenue
Little Rock, AR 72206
OWNER/AUTHORIZED AGENT:
Union Rescue Mission/ owner and applicant
SURVEYOR/ENGINEER:
Central Arkansas Engineering
1012 Autumn Rd., Suite 2
Little Rock, AR 72211
AREA: 3.81 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 24 CENSUS TRACT: 40.01
CURRENT ZONING: MF-18
ALLOWED USES: Multi-family, 18 units per acre
PROPOSED ZONING: POD
PROPOSED USE: Shelter, counseling and social services
VARIANCE/WAIVERS: None requested
BACKGROUND:
In March of 1997, the College Station community was hit by a tornado and experienced
significant damage. As part of the effort to rebuild College Station, a federal grant was
awarded to construct a community sewer system. Because of the grant, College Station
made a request to the City of Little Rock to extend sewer service outside the city limits to
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
2
serve the community. The grant required that the area to be served remain
unincorporated and not part of the City of Little Rock. It was determined by the City that
the City’s zoning jurisdiction should be extended to encompass College Station to ensure
that the redevelopment of the community would not overtax the sanitary sewer system.
Following two years of study and negotiations, on November 16, 1999, the Board of
Directors passed Ordinance No. 18,142 establishing the College Station zoning plan.
This subject property was occupied by a nursing home and was zoned MF-18 under the
zoning plan.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
Union Rescue Mission is requesting that the zoning of the property be changed
from MF-18 to POD to allow for use of the existing building and property for their
use. “Union Rescue Mission is a non-profit Christian organization dedicated to
helping the community’s neediest population. We primarily serve the homeless,
and women and children experiencing domestic violence through a series of
programs and two shelters; Nehemiah House (men) and Dorcas House (women
and children). We intend to use 4017 Franklin in this same vein. This facility will
be used as a third mission location. We intend to provide shelter, mental health
counseling, drug and alcohol rehabilitation, job training and general social services
to those in need in our community. In doing so, no physical additions to the
building, no change in the grounds, no changes to the parking lot will take place
on the property. Our ultimate goal is to provide needed shelter and counseling for
veterans in our community.”
B. EXISTING CONDITIONS:
The site is occupied by a one story, 25,465 square foot, brick and frame building.
The building was previously occupied by a nursing home. The site also contains
paved parking for about 47 vehicles. A single family residence is adjacent to the
east perimeter of the site. A small commercial strip center is located to the east.
Single family residences and vacant single family lots are located to the south
across Southern Street. The property across Franklin Street to the west is
occupied by structures identified as Youth Institute. Staff is uncertain about that
specific use. The Pulaski County Health Unit and the Wilma Walker Civic Center
are located ½ block to the west. Across Frazier Pike to the north, uses include
single family, multifamily and a church. An elementary school is located 1 ½ blocks
to the east.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the College Station Neighborhood Association.
January 31, 2019
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ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
3
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Frazier Pike Rd is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required.
2. Due to the proposed use of the property, the Master Street Plan specifies that
Franklin Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
3. Due to the proposed use of the property, the Master Street Plan specifies that
Southern Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
4. Due to the proposed use of the property, the Master Street Plan specifies that
Sanders Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
5. A 20 feet radial dedication of right-of-way is required at the intersection of
Frazier Pike and Franklin Street.
6. A 20 feet radial dedication of right-of-way is required at the intersection of
Franklin St & Southern Street.
7. A 20 feet radial dedication of right-of-way is required at the intersection of
Southern St. and Sanders Road.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Private Sewer Available to this site
Entergy: Entergy does not object to this proposal. Electrical service is already
provided to the structure on this property. Contact Entergy in advance to discuss
changes to electrical service requirements, extensions, 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: Full plan review.
Parks and Recreation: No comments received.
County Planning: No comments received.
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
4
F. BUILDING CODES/LANDSCAPE:
Building Code: Project is a change in occupancy and is therefore subject to current
building code requirements. Review and approval is required by Building Codes
Division before occupancy takes place. Handicap Accessibility will be required.
Including but not limited to building access and parking. For information on
submittal requirements and the review process, contact a commercial plans
examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.org or
Steve Crain at 501-371-4875; scrain@littlerock.gov
Landscape:
1. Any new site development must comply with the City’s minimal landscape and
buffer ordinance requirements.
2. Any new building rehabilitation or expansion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current code
requirements to be brought into compliance. Existing vehicular use areas may
continue as nonconforming until such time as a building permit is granted to
enlarge or reconstruct a structure on the property exceeding ten (10) percent
of the existing gross floor area. At such time ten (10) percent of the existing
vehicular use area shall be brought into compliance on a graduated scale.
3. 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.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received. The nearest bus route is located at
Bankhead and Frazier Pike, 1 block to the east.
Planning Division: This request is located in College Station/Sweet Home
Planning District. The Land Use Plan shows Residential High (RH) for this
property. The Residential High category accommodates residential development
of more than twelve (12) dwelling units per acre. The applicant has applied for a
rezoning from MF18 (Multifamily District 18 units) to PCD (Planned Commercial
District) to use the existing building as a half-way house, shelter and rehabilitation
facility.
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
5
Master Street Plan: The North side of the property is Frazier Pike and it is shown
as a Minor Arterial on the Master Street Plan. South of the property is Southern
Street and it is shown as a Local Street on the Master Street Plan. East of the
property is Sanders Street and it is shown as a Local Street on the Master Street
Plan. A Minor Arterial provides connections to and through an urban area and
their primary function is to provide short distance travel within the urbanized area.
Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Frazier Pike since it is a Minor Arterial. The primary function of a
Local Street is to provide access to adjacent properties. Local Streets that are
abutted by non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. These streets may require dedication of right-of-way and may
require street improvements.
Bicycle Plan: A Class II Bike Lane is shown along Frazier Pike. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
The applicants were present. Staff presented the item and noted some additional
information was needed. Staff requested an additional detailed description of the
various proposed uses. The applicants were asked to provide the capacity of the
proposed shelter and to provide the days and hours of operation of the proposed
services and uses. The applicants were asked to provide a transportation plan for
persons being served by the facility and to provide the anticipa ted number of
persons to be served by the various uses. Staff also asked for the number of staff
and anticipated number of volunteers for the various uses.
In response to a question from the committee, the applicants stated they had met
with the neighborhood.
Public Works comments were presented and explained.
Other reviewing agencies and departments comments were presented.
The applicants were advised to submit responses to staff issues by January 9,
2019. The committee forwarded the item to the full commission.
I. ANALYSIS:
The applicants provided responses to the issues raised at subdivision committee.
The focus of the facility is to provide a transitional treatment program (90 day
residential) and a resource program (day appointment only) for veterans of the
nation’s various military services including the following:
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
6
(a) Therapy by certified therapists (2 LPC on staff)
(b) Counseling by certified counselors
(c) Personal liaison to traverse with them through the VA network.
(d) Union Rescue Mission provides service agreements for medical, dental, vision
and prescriptions to our residential clients.
(e) Mandatory money management classes
(f) Career orientation
(g) Further their education in specific fields or enroll in college .
(h) Mock interviews
(i) Job placement
(j) After completion of the URM programs, we use URM network to help find
independent housing and transportation.
(k) Our long term goal is to make contributors to our community vs users of our
community.
This facility was previously approved to house 127 residents as a nursing home.
URM is proposing to provide transitional treatment to 35 individuals, later
expanding to a maximum of 65 individuals.
Day services through the Veteran Resource Program (VRP) will operate Monday
through Friday, 8:30 a. m. to 4:00 p. m. For the transitional treatment program,
clients will receive residential treatment for 90 days where they will be provided
food, clothing, housing, medical, dental, vision and prescriptions for the duration
of their stay.
URM provides transportation to all their clients to and from all their appointments
via URM shuttle and vans. It is against URM policy for their clients to drive
themselves while in treatment. VRP (day appointment) clients will provide their
own transportation.
It is anticipated that 35 veterans per month will receive treatment in the transitional
treatment program (expanding to 65). 40 veterans per month are anticipated to
utilize the veterans resource program.
URM currently has a staff of 15 and they will incorporate an additional 5 at this
location. They will also continue their internship program for 7 to 10 masters level
interns that provide over 100 hours of services per week to clients, from various
schools including University of Central Arkansas, John Brown University, Liberty
University and Walden University. They currently have over 200 volunteers
annually who will also serve periodically at this location.
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
7
Staff has concerns about the proposed use. The site was for many years occupied
by a nursing home. The nature of the use and the activity on the site generated
by a nursing home is in staff’s opinion, much different than the use and activity
level proposed under this application. It is the intent of the Planned Development
process to assure that applications are not granted for the sole benefit of the
applicant but are used to establish developments that are compatible with the
surrounding area, are harmonious with the character of the neighborhood and do
not have a negative effect upon the future development of the area. The
surrounding neighborhood is by-and-large a residential neighborhood with an
interspersing of non-residential uses. Established residential uses are located
directly to the south and north of the site. New development has been slow to
come to the area and staff fears the proposed use could hamper potential future
new development.
J. STAFF RECOMMENDATION:
Staff recommends denial of the application.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicants were present. There were many persons present in opposition and in
support. E-mails of opposition and support and a petition of opposition had been received
by staff and forwarded to the commissioners. Staff presented the item and a
recommendation of denial.
Dorcas VanGilst, Executive Director of Union Rescue Mission, addressed the
commission. She presented a power point telling about the proposed use of the facility
and the work of Union Rescue Mission.
Roy Thompson, Chairman of the Board of Union Rescue Mission, further descr ibed the
mission of Union Rescue Mission. He stated this facility would focus on the needs to
veterans in the community.
Keith Medlock, President and CEO of Union Rescue Mission, addressed the commission.
He stated he was a veteran. He described the experiences of veterans and described
the proposed programs that would be focused on the needs of veterans. He stated Union
Rescue Mission raised its own money and did not receive any grant support. He shared
a program overview for the proposed facility.
Austin Porter, President of the Progressive League of College Station, spoke in
opposition. He stated initially Union Rescue Mission (URM) indicated a desire to have
transitional living for persons coming out of the Department of Corre ction. He stated it
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
8
was his fear that it was still the real purpose. Mr. Porter noted the presence of the
surrounding residential neighborhood and the close proximity of the elementary school.
He stated the College Station Community had worked hard to recover and redevelop
following the 1997 tornado. Mr. Porter stated URM showed a lack of respect for the
community and did not even reach out to the community. He asked the commission to
deny the application. He asked the residents of the community who were present in
opposition to stand. Approximately 50 persons stood.
Pulaski County Justice of the Peace Judy Green spoke in opposition. She stated she
supported the community in its opposition. She asked why the County did not have
jurisdiction in this matter.
Barbara Miller, of 3625 3M Road, spoke in opposition.
Christopher King, of 3823 Southern Street, spoke in opposition. He said the neighborhood
already had problems with Nehemiah House, another nearby URM facility.
Curtis Johnson, with the Pulaski County School District, spoke on behalf of the district in
opposition. He noted the close proximity of the elementary school. He acknowledged
the presence of school board members, and school staff who were present in opposition.
Austin Porter stated the community was working to make improvements. He spoke about
new ball fields being built in the community. He said the residents were proud of veterans
but also proud of their community. He again asked for denial of the application.
Pastor Bishop Robinson stated the church had a heart for the community. He asked the
commission to deny the application.
Keith Medlock stated the community wanted ownership of the building, “that is the bottom
line.” He said we have to do what is right for those who s erved. He said the program
would never have violent offenders, sex offenders or any person discharged for any
reason other than an honorable discharge. He stated URM wanted to serve veterans
who need help.
A J McMahan, of 2 Chestnut, spoke in support. He urged unity and spoke of the quality
programs operated by URM. He described his own experiences working with URM.
Dorcas VanGilst acknowledged the presence of some URM clients and apologized to
them for some of the statements that had been made.
Commissioner May stated he applauded the work of URM and the College Station
neighborhood.
January 31, 2019
SUBDIVISION
ITEM NO.: 8 (Cont.) FILE NO.: Z-9383
9
Commissioner Thomas also acknowledged URM and the community. She stated she
had observed the rebuilding of the community and she trusted the community in what
they believe they need.
In response to a question from Commissioner Rahman, staff described their thoughts on
how the facility could hamper future development in the area.
Commissioner Vogel stated at the time of new leadership at the City level urging unity,
it was unfortunate that the two sides could not come together.
A motion was made to approve the application, including all staff comments and
conditions, except the recommendation of denial. The motion was failed with a vote of
1 ayes, 9 noes and 1 absent.
January 31, 2019
ITEM NO.: 9 FILE NO.: Z-9384
NAME: Wilson Short-form PD-R
LOCATION: 423/425 Colonial Court and 498 Ridgeway
DEVELOPER:
David D. Wilson
498 Ridgeway
Little Rock, AR 72205
OWNER/AUTHORIZED AGENT:
Ridgeback, LLC; David D. Wilson, Manager
David and Lynn Wilson Revocable Trust; David D. Wilson, Trustee
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: .43 -acres NUMBER OF LOTS: 2 FT. NEW STREET: 0-LF
WARD: 3 PLANNING DISTRICT: 4 CENSUS TRACT: 15.02
CURRENT ZONING: R-3 single family
ALLOWED USES: 498 Ridgeway, single family residential; 423/425 Colonial Court,
non-conforming duplex
PROPOSED ZONING: PD-R
PROPOSED USE: 498 Ridgeway, single family; 423/425 Colonial Court, duplex
VARIANCE/WAIVERS: Reduced rear yard setback for 423/425 Colonial Court and
reduced side and front yard for a garage structure (tem porarily).
BACKGROUND:
The applicant owns 498 Ridgeway which is occupied by his single family residence and
the property at 423/425 Colonial Court which is occupied by a non -conforming duplex.
He desires to re-plat the two lots, taking 20 feet +/- off of the rear of the duplex lot and
January 31, 2019
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9384
2
adding it to the side of his single family lot. The re-plat results in two setback variances;
a reduced rear yard for the duplex lot and a reduced side and front yard for a garage
structure which will then be on the single family lot (although the garage structure will
eventually be removed). The variances necessitate review and approval of the
preliminary plat by the commission.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant proposes to re-plat the two adjoining lots; taking 20 feet off of the
rear of the duplex lot and adding it to the side of his single family lot. This will result
in a rear yard setback of 7.71 feet on the duplex lot. Twenty-five feet are required.
There is a garage structure on the rear of the duplex lot that will then be on the
single family lot with a side yard setback of 0 feet. Three feet are required.
B. EXISTING CONDITIONS:
498 Ridgeway is occupied by a two-story, 3,388 square foot, single family
residence. 423/425 Colonial Court is occupied by a two -story, 2,484 square foot,
non-conforming duplex. The neighborhood around the site is comprised primarily
of older single family residences. There are some duplexes scattered throughout
the area. An LRSD school campus is located across Colonial Court to the west.
C. NEIGHBORHOOD COMMENTS:
Notice of the public hearing was sent to all owners of properties located within
200 feet of the site and the Hillcrest Neighborhood Association.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
Colonial St. and Lee Avenue.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer Available to this site.
Entergy: Entergy does not object to this proposal. There is an existing single
phase, overhead power line on the south side of Lee Ave in front of this property,
but does not appear to conflict with the proposal. Contact Entergy in advance to
discuss electrical service requirements, or adjustments to existing facilities (if any)
as this project proceeds.
January 31, 2019
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9384
3
Centerpoint Energy: No comments received.
AT&T: No comment received.
Central Arkansas Water: No comments received.
Fire Department: No comments.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments.
Planning Division: This request is located in Heights Hillcrest Planning District.
The Land Use Plan shows Residential Low (RL) for this property. The Residential
Low Density is for single-family homes at densities no greater than six dwelling
units per acre. The applicant has applied for a rezoning from R-3 (Single-family
District) to PD-R (Planned Development Residential) to allow moving the common
lot line between the 2 lots. The site is within the Hillcrest Design Overlay Districts.
Master Street Plan: The North side of the property is Lee Ave and it is shown as
a Collector on the Master Street Plan. West of the property is Colonial Court and
it is shown as a Local Street on the Master Street Plan. The primary function of a
Collector Road is to provide a connection from Local Streets to Arterials. The
primary function of a Local Street is to provide access to adjacent properties. Local
Streets that are abutted by non-residential zoning/use or more intensive zoning
than duplexes are considered as “Commercial Streets”. A Collector design
standard is used for Commercial Streets. These streets may require dedication of
right-of-way and may require street improvements.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
January 31, 2019
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9384
4
H. SUBDIVISION COMMITTEE COMMENT: (January 2, 2019)
The applicant was present. Staff presented the item and noted no additional
information was needed. Public Works staff explained the radial right of way
dedication requirement.
Other reviewing agencies and departments comments were noted.
The committee determined there were no other issues and forwarded the item to
the full commission.
I. ANALYSIS:
The R-3 zoned lot located at 498 Ridgeway is occupied by a two story single-family
residence. The R-3 zoned property located at 423/425 Colonial Court is occupied
by a non-conforming, two-story duplex. The lots lie in different subdivisions. Both
properties are owned by a company and a trust owned by the applicant. The
applicant is requesting to re-plat these two adjacent lots, taking 20 +/- feet off of
the duplex lot and adding to his single family lot. That portion of the duplex lot will
then become additional side yard area for the single family residence. There is a
garage structure on the rear portion of the duplex lot which will be removed. No
other changes are proposed to either property.
The proposed re-plat will result in a rear yard setback of 7.7 feet for the existing
structure on the duplex lot. The duplex structure will actually have a setback of 25
feet but a deck, stairs and a landing extend into what will be the rear yard setback.
The garage structure, which will be on the single family lot after the re -plat, will
have a side yard setback of 0 feet and a front yard setback of 30 feet. Three (3)
feet and 60 feet are required respectively. The garage structure will be demolished
and removed.
The property lies in the Hillcrest Design Overlay District and the reduced setbacks
necessitate a PUD.
Staff supports the PD-R to allow the proposed re-plat. The reduced rear yard for
the duplex lot is for the deck, stairs and landing. The duplex structure itself will
meet the required 25 foot rear yard requirement. Although the garage structure
will be in place at the time of the re -plat, it will be removed, eliminating those
variances from the DOD. The 1922 plats/bills of assurance for C olonial Court
Addition and Ell B. Watson Subdivision do not address the plat or setback issues.
January 31, 2019
SUBDIVISION
ITEM NO.: 9 (Cont.) FILE NO.: Z-9384
5
J. STAFF RECOMMENDATION:
Staff recommends approval of the PD-R subject to compliance with the comments
and conditions outlined in paragraphs D, E and F and the staff analysis in the
agenda staff report.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as 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 all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 10 FILE NO.: S-200-S
NAME: Watershed Point Preliminary Plat Time Extension
LOCATION: North of the Cantrell Road/Chenal Parkway intersection, on The Divide
Parkway
DEVELOPER:
PDC, LLC
16623 Cantrell Road, Suite 2A
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
PDC, LLC
SURVEYOR/ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 23.2-acres NUMBER OF LOTS: 30 FT. NEW STREET: 2,060 LF
WARD: 5 PLANNING DISTRICT: 20 CENSUS TRACT: 42.05
CURRENT ZONING: R-2, single family
VARIANCE/WAIVERS:
1. A variance from Section 36-254 to allow a 20-foot front platted building line.
2. A variance from the land Alteration Ordinance to allow grading outside the right-of-
way with the installation of the basic infrastructure.
BACKGROUND:
On February 2, 2017, the Commission approved a preliminary plat to allow for
development of a 30-lot single family residential subdivision on this 23.2 acre tract. The
proposal included the construction of 2,060 linear feet of new public street. The average
lot size was proposed as 16,000 square feet with an average lot width of 100 feet and an
average lot depth of 160 feet. The R-2 district minimum standards are a lot size of
7,000 square feet with minimum lot widths and depths of 60 feet and 100 feet respectively.
January 31, 2019
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: S-200-S
2
The proposed density was .77 units per acre. The request also included a variance from
the Land Alteration Ordinance to allow grading outside the right -of-way with the
installation of the basic infrastructure. Approval was granted with the following conditions:
1. A grading permit will not be issued until the right-of-way for The Divide Parkway is
dedicated as public street.
2. Compliance with the comments and conditions outlined in paragraphs D, E and F
of the agenda staff report.
3. Approval of the variance to allow a 20-foot front building line.
4. Approval of a variance form the Land Alteration Ordinance to allow grading outside
the right-of-way with installation of the basic infrastructure.
Development of the proposed subdivision has not occurred.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting approval of a time extension of the commission’s
approval of the preliminary plat. Section 31-94 (e) of the Subdivision Ordinance
states:
A preliminary plat approved by the planning commission shall be effective and
binding upon the commission for two (2) years from the date of approval or as long
as work is actively progressing, at the end of which time the final plat application
for the subdivision must have been submitted to the planning staff. Any plat, not
receiving final approval within the period of time set forth herein or otherwise
conforming to the requirements of this chapter shall be null and void, and th e
developer shall be required to submit a new plat of the property for preliminary
approval subject to all zoning restrictions and this chapter.
The planning commission may extend the original preliminary approval for a period
not to exceed one (1) additional year when it can be demonstrated that there are
no changes in the plat design or neighborhood that warrant a complete review.
B. EXISTING CONDITIONS:
There has been no change to the site or surrounding properties since the February
2017 approval. The site is heavily wooded, located on top of a ridge. There is
vacant MF-12 zoned property to the south. A City of Little Rock wastewater
treatment plant is located to the northeast. Single family homes on acreage are
located to the west. The property to the east is undeveloped. No changes are
proposed in the preliminary plat from that approved by the planning commission
on February 2, 2017.
January 31, 2019
SUBDIVISION
ITEM NO.: 10 (Cont.) FILE NO.: S-200-S
3
C. STAFF RECOMMENDATION:
Staff recommends approval of the requested one year time extension subject
to compliance with all comments, conditions and approvals from the initial
February 2, 2017 preliminary plat approval.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consen t agenda and
approved as recommended by staff, including all staff comments and conditions. The vote
was 10 ayes, 0 noes and 1 absent.
January 31, 2019
ITEM NO.: 11 FILE NO.: Z-8851-A
NAME: Pleasant Ridge West Lot 3C Revised Short-form PD-C Time Extension
LOCATION: 11701 Pleasant Ridge Road
DEVELOPER:
Pleasant Ridge LLC
11601 Pleasant Ridge Road, Suite 300
Little Rock, AR 72212
OWNER/AUTHORIZED AGENT:
Pleasant Ridge LLC/Owner
White Daters & Associates/Authorized Agent
SURVEYOR/ENGINEER:
White Daters & Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 4.4 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: 4 PLANNING DISTRICT: 1 CENSUS TRACT: 42.15
CURRENT ZONING: PD-C
ALLOWED USES: 6-story hotel with 137 guest rooms
PROPOSED ZONING: PD-C, time extension
PROPOSED USE: 6-story hotel with 137 guest rooms
VARIANCE/WAIVERS: None requested.
BACKGROUND:
Ordinance No. 20,753 adopted by the Board of Directors on July 16, 2013 rezoned this
site from O-3 general office district to PD-C to allow the construction of a 4-story hotel
with 130 guest rooms and typical amenities. The approval also included a full service
restaurant and bar.
January 31, 2019
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8851-A
2
Ordinance No. 21,218 adopted by the Board of Directors on April 19, 2016 established
the Pleasant Ridge West Lot 3C Revised Short-form PD-C to allow development of this
4.4 acre site with a 6-story hotel with 137 guest rooms. This approval also included a full
service restaurant and bar. The proposed building is to have a height of 80-feet. Parking
for 150 vehicles was included. A final plan has not been submitted and development has
not commenced.
A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT:
The applicant is now requesting approval by the Planning Commission of a time
extension for implementation of the approved PD -C. Per Section 36-454 (e), the
applicant shall have three (3) years from the date of passage of the ordinance
approving the preliminary approval to submit the final development plan. Requests
for extensions of time shall be submitted in writing to the Planning Commission
which may grant one (1) extension of not more than two (2) years. Time extensions
shall be applied for by formal written request not less than ninety (90) days prior to
the first expiration date. Failure of the applicant to file a timely extension shall be
cause for revocation of the PUD as provided in the ordinance.
The applicant indicated they have been actively wo rking on the project in an effort
to refine and further improve the design. The developers have indicated permitting
could not be achieved within the three (3) years as required by the ordinance. As
a result, the applicant requests the commission to appr ove a two (2) year time
extension of the previously approved PD-C.
No change to the approved PD-C is proposed.
B. EXISTING CONDITIONS:
The site is wooded and undeveloped. There are multi-family and condo
developments located to the north, west and sou th of the site. East of the site are
office uses. Southeast of the site are two single family residences. Further to the
east is a large commercial shopping center. There has been no real change to
development in the general area since approval of the P D-C.
C. STAFF RECOMMENDATION:
Staff recommends approval of the requested two (2) year time extension.
PLANNING COMMISSION ACTION: (JANUARY 31, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
January 31, 2019
SUBDIVISION
ITEM NO.: 11 (Cont.) FILE NO.: Z-8851-A
3
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The vote
was 10 ayes, 0 noes and 1 absent.
DATE 31-,-26-1 c1
PLANNING COMMISSION VOTE RECORD
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Meeting Adjourned bf S S' P.M.
/AYE NAYE ,ABSENT k ABSTAIN - RECUSE
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Meeting Adjourned bf S S' P.M.
/AYE NAYE ,ABSENT k ABSTAIN - RECUSE
January 31, 2019
There being no further business before the Commission, the meeting was adjourned
at 6:55 p.m.
Date
Chairman Secretary