HomeMy WebLinkAboutpc_03 28 2019
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
MARCH 28, 2019
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Members Present: Craig Berry
Tom Brock
Scott Hamilton
Marlon Haynes
Paul Latture
Bill May
Robert Stebbins
Diana Thomas
Robby Vogel
Members Absent: Buelah Bynum
Robbin Rahman
City Attorney: Shawn Overton
III. Approval of the Minutes of the February 14, 2019 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MARCH 28, 2019
4:00 P.M.
I. OLD BUSINESS:
Item Number: File Number: Title:
A. Z-9291-A Word of Outreach Prayer Garden – Revised Conditional
Use Permit
2700 Brown Street
B. Z-9385 Phillips Duplexes – Conditional Use Permit
East side of Weldon Avenue, south of West 44th Street
II. NEW BUSINESS:
Item Number: File Number: Title:
1. LU19-25-01 A Land Use Plan Amendment from Commercial (C) to
Industrial (I) northeast of Fourche Dam Pike and
Interstate 440 Intersection.
1.1 Z-9396 Rezoning from C-3 to I-2
Northeast corner of Fourche Dam Pike and Interstate 440
2. Z-3854-A Hastings Vehicle Impound Yard – Conditional Use Permit
1215 East 26th Street
3. Z-4184-B Holy Souls School – Revised Conditional Use Permit
1001 N. Tyler Street
4. Z-9397 Knight Duplex – Conditional Use Permit
3516 West 15th Street
Agenda, Page Two
II. NEW BUSINESS: (Continued)
Item Number: File Number: Title:
5. Z-9398 Dogwood Partners Accessory Dwelling – Conditional
Use Permit
3301 W. Capitol Avenue
6. Z-9399 Assembly of Believers Baptist Church – Conditional
Use Permit
6200 Mabelvale Cutoff
7. G-25-223 Morgan Keegan Drive – Street Name Change
East of Riverfront Drive
March 28, 2019
ITEM NO.: A FILE NO.: Z-9291-A
NAME: Word of Outreach Prayer Garden – Revised
Conditional Use Permit
LOCATION: 2700 Brown Street
OWNER/APPLICANT: Word of Outreach: Owner
Carolyn Smith: Authorized Applicant
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow for the addition of
improvements and activities on the prayer garden
site. The property is zoned R-3.
1. SITE LOCATION:
The property is located on the southwest corner of West 27th and Brown
Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The site is located at the edge of a residential neighborhood. Single family
residences are located to the north, west and east. Commercial uses are
located along Roosevelt Road to the south. Staff has concerns that
allowing the conversion of the individual-oriented nature of the prayer
garden to a more corporate meeting and gathering space will have a
potentially negative effect on the nearby residents.
Notice of the public hearing was sent to all owners of properties located
within 200 feet of the site and the Goodwill and Love Neighborhood
Associations.
3. ON SITE DRIVES AND PARKING:
No parking is provided on site. The original CUP to allow the Prayer
Garden did not require any on-site parking.
4. SCREENING AND BUFFERS:
Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements.
Landscape must be in compliance with current landscape code upon
completion of the project. Any existing landscape or irrigation disturbed by
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
2
construction shall be repaired or replaced before a certificate of
occupancy can be obtained.
The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan
specifies that 27th Street for the frontage of this property must meet
commercial street standards. Dedicate right-of-way to 30 feet from
centerline.
2. Due to the proposed use of the property, the Master Street Plan
specifies that Brown Street 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 27th Street and Brown Street.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer service available in
27th Street, northwest of property.
Entergy: Entergy does not object to this proposal. There do not appear
to be any conflicts with existing electrical utilities at this location. Contact
Energy in advance to discuss electrical service requirements, or
adjustments to existing facilities.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: No objection
Fire Department: No comments.
Building Codes: 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
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
3
fully developed Architectural, Structural, Civil and MEP Plans. Contact a
commercial plans examiner:
Curtis Richey at 501.371.4724; crichey@littlerock.gov
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: A RRM bus route is located along Roosevelt
Road, south of the site.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 12, 2018)
The applicant was not present. Staff presented the item and noted additional
information was needed. Staff noted the applicant would specifically be asked
the following:
Describe the frequency of events and services proposed to be held at the
site. What is the anticipated attendance at these even ts and services?
Where will parking occur for events and services?
Will there be any use of speakers or any manner of amplified sound for
music, spokesperson, etc…. in conjunction with any events and services?
Will there be any additional lighting employed on the site for any events
and services?
Public Works, Landscape and Other Agency Comments were presented.
Staff stated they would contact the applicant regarding the comments and
needed information.
STAFF ANALYSIS:
On March 8, 2018, the Planning Commission approved a conditional use permit
to allow Word of Outreach Ministry to develop a prayer garden on the vacant, R-3
zoned lot located at 2700 Brown Street. The site contained only a 25 X 11
concrete slab remaining from the removal of a dilapida ted residential structure.
The ministry had been given permission to place a small (8 X 8) storage building
on the slab to store lawn equipment and the like.
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
4
The prayer garden was proposed to contain a gazebo structure and several
specific areas for reading, praying or meditating. Each of the meditation areas
was to have a bench where persons could sit. Ground-level speakers were to be
placed at each prayer-mediation area to play quiet music which can be heard
only upon entering the garden and sitting at one of the benches. The various
prayer stations were to be identified by signs such as “Love”, “Temperance”,
“Pathway to Joy”, “Pathway to Faith” and “Pathway to Peace”. The future
gazebo structure was to be utilized by students of Word of Outreach Christian
Center, their parents and guests for various gatherings, fellowshipping and
corporate prayer.
During the Planning Commission review process, the applicant submitted the
following amendments to address some concerns which had been raised by
neighbors and staff:
1. Fencing and an entrance gate with a lock will be placed around the prayer
garden.
2. The normal hours of operation for the prayer will be 8:00 a.m. – 8:00 p.m.
daily.
3. There will be no additional lighting placed in the prayer garden. There is an
existing night light from Entergy which comes on in the night and goes off in
the morning.
4. The sound system will only function during the hours the prayer garden is
open.
5. No benches, chairs, etc… will be in the garden until a fence (with gate and
lock) has been erected around the garden.
6. The prayer garden will not be available for general public use until a fence
with a lock has been installed. Until such time, the applicant will keep the
grounds of the prayer garden neat and clean and will begin planting trees,
shrubs, plants, herbs and flowers.
7. If any Word of Outreach students, parents or staff desire to visit the prayer
garden (prior to installation of the fence and other improvements) they will
have to bring their own chairs, if they plan to sit. When they leave, they will
take their chairs with them.
The fence was to be combination of privacy fencing and chainlink. No
improvements were to be placed on the property, other than landscaping, prior to
the erection of the perimeter fencing with a gate an d lock.
The prayer garden has for the most part been completed as approved. Fencing
has been installed, with gate and lock. The prayer stations are in place as is the
landscaping. A dedication event was held in conjunction with commemorative
services on September 11.
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
5
Word of Outreach is now requesting a revision to the CUP to allow for additions
to the prayer garden, creating what is being called “An Open Air Sanctuary
Without Walls.”
The proposed improvements consist of an 8’ X 16’ building containing an 8’ X 8’
handicap accessible restroom and an 8’ X 8’ storage space for chairs, tables and
umbrellas for used during special functions to be held in the prayer garden. Also
proposed are two gazebo buildings and a cover over the 25’ X 11’ concrete slab.
The new cover will be over the 8’ X 8’ tool storage shed and will provide covering
over sitting areas on either side of that structure.
In response to questions raised at Subdivision Committee, the applicant
submitted the following additional information:
· The frequency of events and/or services, as related to the Dedication and
Consecration Ceremony on 9/11 will not be the normal activities at the Throne
of Grace Prayer Garden. The general public hours will be from 8:00 am –
8:00 pm. With the accompany of a Facilitator, individuals can enter into the
Prayer Garden, per request to our 24 hour Prayer Hotline (501.663.0300),
specifically for the purpose of meditation, prayer, reading, and/or relaxation,
in the presence of The Lord. To keep from having loitering, and/or vagrancy,
the gates will remained locked at all times.
· Currently there are no future events scheduled. However, if we plan to have
an event, the City will be notified to obtain needed Permits and private owned
areas will be designated for parking.
· The only speakers to be used, on a daily basis are the aforementioned small
rock speakers by each bench for the soothing sounds of easy listening
Christian instrumental music to create an ambience of restful atmosphere.
If there is to be a special gathering that requires speakers or any manner of
amplification, due to a Community function, a Special Permit would be
requested for such activities.
· There will be no additional lighting required at the Throne of Grace Prayer
Garden for any activities that will take place.
Staff has concerns with the applicant’s current proposal. Support for the initial
prayer garden CUP was predicated on the concept of the prayer garden being
a quiet, low-impact type of use. The primary use was to be creation of a space
where individuals could come for times of reflection, meditation and prayer. As
such, the use was viewed as having minimal effect on the surrounding residential
neighborhood.
As proposed now, the use begins to take the form of a formal meeting a nd
gathering venue. As such, staff believes for potential would be there to affect the
adjacent and nearby residences. Issues of concern such as parking and noise
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
6
became more evident. Staff does not support any changes to the current
approved prayer garden CUP.
STAFF RECOMMENDATION:
Staff recommends denial of the revised CUP.
PLANNING COMMISSION ACTION: (OCTOBER 4, 2018)
The applicant was not present. There were no objectors present. Staff informed
the commission that the applicant had failed to complete the required notification
to surrounding property owners and the item needed to be deferred. The item
was placed on the consent agenda and deferred to the November 15, 2018
meeting by a vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (NOVEMBER 15, 2018)
Dr. Carolyn Smith was present, representing the application. There was one (1)
objector present. Staff presented the revised conditional use permit application
with a recommendation of denial.
Dr. Carolyn Smith addressed the Commission in support of the application. She
noted that the application was to add a public restroom to the prayer garden site
and explained the need for the restrooms on the site. She stated that there were
no other changes to the original application.
Donald Mitchell addressed the Commission in opposition. He expressed concern
with noise generated by the prayer garden. He also noted concern with traffic and
parking in the neighborhood.
Dana Carney, of the Planning Staff, clarified the applicant’s request and read
directly from the applicant’s cover letter. Dr. Smith further explained the proposal,
noting the proposed restroom as the only change. Jamie Collins, Director of
Planning and Development, noted that the applicant was changing what was
proposed with the revised conditional use permit and that the application probably
needed to be deferred. The issue of deferral was briefly discussed. Dr. Smith
requested deferral of the application.
There was a motion to defer the application to the January 3, 2019 agenda. The
motion passed by a vote of 6 ayes, 0 nays and 5 absent. The application was
deferred.
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
7
STAFF UPDATE:
After the November 15, 2018 Planning Commission meeting, staff met with
Dr. Carolyn Smith to clarify issues related to the revised conditional use permit
application for the prayer garden. Dr. Smith informed staff that there would be
no regular scheduled meetings, events or services held at the prayer garden
site. There may be an occasional event at the site similar to the 911 Memorial
event held this past September. Otherwise, the only changes to the previously
approved conditional use permit will be physical changes to the site. These
changes include two (2) gazebo structures located near the center of the site,
roof covers (unenclosed) over the existing pathway areas within the west
portion of the site, and the 8’ X 16’ restroom/storage building along the north
property line.
Staff has no concerns with the proposed addition of the two (2) gazebo structures
and the roof covers over the existing pathway areas. However, staff does have
concerns with the proposed restroom/storage building. Staff feels that adding
this building to the site will allow persons to stay on the site for longer periods
of time than would typically be envisioned for a prayer garden-type use. The
permanent restroom structure could also encourage more frequent formal type
events in the future. Staff continues to recommend denial of the revised CUP.
PLANNING COMMISSION ACTION: (JANUARY 3, 2019)
Staff informed the Commission that on December 26, 2018 the applicant
requested this application be deferred to the February 14, 2019 agenda. Staff
supported the deferral request.
The item was placed on the Consent Agenda and deferred to the February 14,
2019 agenda. The vote was 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019)
The applicant was not present. Staff recommended the application be deferred
to the March 28, 2019 agenda since the applicant was not p resent. A motion
was made to defer the application to the March 28, 2019 agenda. The motion
included instruction to staff to send the applicant a letter informing them that
the application would be heard on March 28, 2019 even if the applicant were
not present. The vote was 10 ayes, 0 nays and 1 absent. The application
was deferred.
March 28, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9291-A
8
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
Dr. Carolyn Smith was present, representing the application. There were several
persons present in opposition. Staff presented the application with a
recommendation of denial. Dr. Smith deferred speaking time until after the
opposition spoke.
Sedalia Gouley addressed the Commission in opposition. He expressed concerns
with noise generated by music at the prayer garden site and parking in the area.
Donald Mitchell also spoke in opposition. He noted that the prayer garden is not
open to the public, but only to persons approved by Dr. Smith.
Ruth Bell also spoke in opposition. She stated that she was supportive of the
concept of the prayer garden, but not in the center of a residential neighborhood.
She also noted concerns with larger gatherings at the site.
Dr. Smith addressed the Commission in support of the application. She stated that
there was loud music on the site only once during a special event. She noted that
there would be no large gatherings on the site. She explained that the prayer
garden was available to anyone, but that persons had to call to get in. She
explained the need for a restroom on the site and discussed the history of the
prayer garden.
Commissioner Hamilton noted that the location of the prayer garden was a problem.
There was brief additional discussion.
There was a motion to approve the application. The motion failed by a vote of
2 ayes, 7 noes and 2 absent. The application was denied.
March 28, 2019
ITEM NO.: B FILE NO.: Z-9385
NAME: Phillips Duplexes – Conditional Use Permit
LOCATION: East side of Weldon Avenue, south of West 44th Street
OWNER/APPLICANT: Savage Properties LLC/Stanley Phillips
PROPOSAL: A conditional use permit is requested to allow for the
construction of two (2) duplex structures on three (3) R-3
zoned platted lots located on the east side of Weldon
Avenue, approximately 150 feet south of West 44th Street.
1. SITE LOCATION:
The site is located on the east side of Weldon Avenue, approximately 150 feet
south of West 44th Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area predominantly zoned R-3 and R-2. A number
of single family residences and vacant lots are located in the area. A few duplex
structures are also located in the general area. A neighborhood park is located to
the northeast.
The applicant proposes to construct two (2) duplex structures on three (3) platted
lots. The proposed use is compatible with uses in the area. Notice of public
hearing was sent to the John Barrow Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to construct two (2) 20 foot wide paved driveways from
Weldon Avenue, one (1) to serve each duplex structure. Each duplex structure
will have six (6) paved parking spaces within the front yard areas. Section 36 -502
(b) (1) (c) of the City’s Zoning Ordinance requires a minimum of three (3) parking
spaces for each duplex structure (1.5 spaces per unit). The applicant is providing
six (6) paved parking spaces for each duplex structure.
4. SCREENING AND BUFFERS:
No Comments.
March 28, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9385
2
5. PUBLIC WORKS:
1. Weldon St. is classified on the Master Street Plan as a residential street.
A dedication of right-of-way 25 feet from centerline will be required.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Authority: Sewer Available to this site. One
service tap required per building (2 units per building)
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 Weldon St north of this
location. Contact Entergy in advance to discuss electrical service requirements,
line extensions and facilities locations, 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
March 28, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9385
3
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.
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.
Building Codes: No comments.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 23, 2019)
Stanley Phillips and Kwendeche were present, representing the application. Staff
presented the application. Staff noted that the site plan needed to be revised to show
the proposed lot line to replat the three (3) lots into two (2) lots. Staff also noted that a
variance needed to be requested for reduced side setback. The Public Works right-of-
way requirement for Weldon Avenue was briefly discussed. It was determined that five
(5) additional feet of dedication would be required. After the discussion, the Committee
forwarded the application to the full Commission for resolution.
March 28, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9385
4
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for the
construction of two (2) duplex structures on three (3) platted lots located on the east
side of Weldon Avenue, approximately 150 feet south of West 44th Street. The lots
are 50 feet wide and approximately 148 feet deep. The lots are currently
undeveloped.
The applicant proposes to replat the three (3) lots into two (2) lots, and construct
a 2,300 square foot duplex structure on each of the two (2) replatted lots. The
duplex structures will be one (1) story in height with hip roofs and asphalt shingles.
The duplex structures will be constructed on concrete slabs, and be wood frame
construction with vinyl siding and vinyl clad windows. Each duplex structure will be
located over 55 feet back from the front (west) property lines and five (5) feet back
from the north side property line and south side property line of the overall property.
Each duplex structure will be located four (4) feet back from the center, dividing side
property line. The structures will be located 47 feet back from the rear property
lines. Six (6) paved parking spaces (three (3) per unit) will be provided for each
duplex structure. New paved driveways from Weldon Avenue will serve the duplex
structures.
Section 36-255 (d) (2) of the City’s Zoning Ordinance requires minimum side
setbacks of five (5) feet for structures constructed in R-3 zoning. As noted above,
the applicant is proposing four (4) foot interior side setbacks for each duplex
structure. Therefore, the applicant is requesting a variance to allow the reduced side
setbacks.
The applicant responded to issues raised at Subdivision Committee by providing a
revised site plan to staff. The revised plan shows the proposed replatted center lot
line and the required right-of-way dedication for Weldon Avenue. The applicant also
requested a side setback variance for each duplex structure. To staff’s knowledge,
there are no outstanding issues associated with this application.
Staff believes the proposed two (2) duplex structures located on three (3) platted
lots located on the east side of Weldon Avenue, south of West 44th Street is an
appropriate use for this property. The two (2) duplex structures will only be a
minor increase in the original platted density for this property. The proposed
duplex structures will not be out of character with the general area. Other duplex
structures are located one (1) block to the east along Bowers Street. Staff believes
the proposed duplexes will have no adverse impact on the subdivision or
surrounding uses.
March 28, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9385
5
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP and side building setback variance,
subject to compliance with the comments and conditions outlined in Sections 5 and 6 of
the agenda staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 14, 2019)
Staff informed the Commission that on February 8, 2019 the applicant requested
this application be deferred to the March 28, 2019 agenda. Staff supported the
deferral request.
The item was placed on the Consent Agenda and deferred to the March 28, 2019
agenda. The vote was 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
Stanley Phillips was present, representing the application. There were several
objectors present. Staff presented the application with a recommendation of approval.
Stanley Phillips addressed the Commission in support of the application. Mr. Phillips
explained that he had made investments and improvements to the neighborhood. He
noted that he had a management company and that he was a good landlord. He
explained that his developments were quality developments.
Carolyn Heitman, president of the John Barrow Neighborhood Association, spoke in
support of the application. She noted that Mr. Phillips was attentive to the needs and
concerns of the neighborhood.
Fred Spiker addressed the Commission in opposition. He noted that there had been
numerous police reports for Mr. Phillips’ duplexes on Bowers Street. He stated that
Mr. Phillips’ duplexes were not quality developments.
Delisa Rader also spoke in opposition. She noted that she lived next door to Mr.
Phillips’ duplexes on Bowers Street and there had been numerous police calls to the
property. She explained that Mr. Phillips was not a good landlord.
Dianna Todd Wesley also spoke in opposition. She had complaints about Mr. Phillips’
existing duplexes on Bowers Street.
Beulah Scott also spoke in opposition. She discussed Mr. Phillips’ existing duplexes in
the area.
March 28, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9385
6
James Murray also spoke in opposition. He noted problems with Mr. Phillips’ existing
duplexes.
Mr. Phillips made additional comments regarding the proposed duplexes. He noted that
he was providing twice as much parking as required by code. He noted that his
proposed development met ordinance standards. He explained that he always
addresses concerns of the neighbors when the concerns are brought to his attention.
He noted that single family home sales were not good within the neighborhood.
There was a brief discussion regarding the Commission’s review of the application. In
response to a question from the Commission, Mr. Phillips noted that he had employed a
management company for over two (2) years. Commissioner May noted that Mr.
Phillips needed to get with neighbors in the area to work out issues.
Jennifer Wilkerson also spoke in opposition. She stated concern with narrow streets
with ditches in the area.
Ms. Rader made additional comments regarding the existing duplexes on Bowers Street
and the neighborhood association meetings.
Shelly Smith also spoke in opposition. She stated that Mr. Phillips was not revitalizing
the neighborhood.
There was a motion to approve the application, as recommended by staff. The motion
failed by a vote of 3 ayes, 6 noes and 2 absent. The application was denied.
March 28, 2019
ITEM NO.: 1 FILE NO.: LU19-25-01
Name: Land Use Plan Amendment – NE (northeast) of Fourche Dam Pike and
Interstate 440 Intersection.
Location: NE (northeast) of Fourche Dam Pike and Interstate 440 Intersection.
South of E. Port Drive
Request: Commercial (C) to Industrial (I)
Source: Walthour-Flake Co., Inc.
PROPOSAL / REQUEST:
Land Use Plan amendment is in the Port Planning District from Commercial (C) to
Industrial (I). The Industrial category encompasses a wide variety of manufacturing,
warehousing research and development, processing, and industry related office and
service activities. Industrial development typically occurs on an individual tract basis
rather than according to an overall development plan.
EXISTING LAND USE AND ZONING:
The area is currently zoned C-3, General Commercial and is 4 acres ± in size.
Northwest of the property, either side of East Port Drive are two convenience stores
with gas pumps, zoned as General Commercial District (C-3). Northeast of the property
is a church and zoned C-3. East of the property is currently a semi-tractor trailer sales
and service company, owned by the applicant and zoned Light Industrial District (I -2).
South of the property is Interstate 440 which is zoned I -2. To the west of the property
across Fourche Dam Pike are three lots zoned as C-3, the northern most lot is currently
vacant, the middle lot is a fast food restaurant, and the southern lot is a motel.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The property is currently shown as Commercial on the Plan, it is vacant and 4 acres ± in
size. Northwest of the property, either side East Port Drive is shown as Commercial on
the Plan with two convenience stores with gas pumps. Northeast of the property is a
shown as Public Institution and currently a church. South of the property is Interstate-
440 and across the interstate is a small area of Commercial on the Plan, with
convenience stores with gas pumps. To the west of the property across Fourche Dam
Pike is shown as Commercial on the Plan and it is a vacant parcel, fast food restaurant,
and motel.
There have not been any recent land use amendments in the immediate vicinity.
March 28, 2019
ITEM NO.: 1 (Cont.) FILE NO.: LU19-25-01
2
MASTER STREET PLAN:
To the south of the area is Interstate-440, a freeway without access roads. To the west
of the property is Fourche Dam Pike which is a Collector on Master Street Plan. The
primary function of a Collector is to provide a connection from Local Streets to Arterials.
East Port Drive is a Local Street on the Master Street Plan. 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 for entrances and exits to the site.
BICYCLE PLAN:
There is a Class III Bike Route along Fourche Dam Pike. A Class III Bike Route is a
signed route on a street shared with traffic. No additional paving or right-of-way is
required. Class III bicycle route signage may be required.
PARKS:
There are no public parks shown in the immediate vicinity.
HISTORIC DISTRICTS:
There are no city recognized historic districts that would be affected by this amendment.
ANALYSIS:
The property requesting the Land Use Plan change is north of Interstate-440 and east
of Fourche Dam Pike. It is currently shown as Commercial on Land Use Plan. The
request is to amend 4+ acres of Commercial use to Industrial use. This is the primary
entrance from the freeway system to the Little Rock Port Industrial Park, which is south
of the freeway at this location. Both north and south of the freeway are shown as
Commercial areas on the Plan to service the Port area as well as pass through freeway
traffic. This commercial intersection is the larger of the two commercial areas with both
dominated by convenience retail for the traveler. Much of these two areas are
developed but there are remaining tracts that could be development in each area.
There is a small Commercial area at the Lindsey Road interchange with Interstate-440
at the west end of the Little Rock Port Industrial Park which is not developed.
To the north of Interstate-440, along Fourche Dam Pike there are Commercial uses on
both sides of the road. To the north of East Port Drive there is a Public Institutional use
and Airport Church of Christ is located on this land. North of the Church along Fourche
Dam Pike is shown as Residential Low Density use on both sides of the road. Much of
March 28, 2019
ITEM NO.: 1 (Cont.) FILE NO.: LU19-25-01
3
this land is developed as single-family homes both in subdivisions and larger lot rural
style development. This continues along Fourche Dam Pike until a Park/Open Space
use area along Fourche Creek. At the intersection of Fourche Dam Pike and East
Roosevelt Road (west of Fourche Creek) is another small Commercial area with little
development.
To the east of the property is Industrial use on the both sides of Interstate-440. South of
the freeway is the Little Rock Port Industrial Park most of which is zoned I-3, Heavy
Industrial with some I-2, General Industrial. Many of the tracts are developed with light
manufacturing and warehouse distribution uses. These businesses use the river port,
freeway, airport and rail to move supplies and goods both to and from their facilities.
North of Interstate-440 and east of the application area is shown on the Plan for
Industrial and zoned I-2, General Industrial. The area is primarily undeveloped with one
large-truck service and sales business.
The total Commercial use area at that intersection is approximately +34 acres. If the
requested land use change happens, the total Commercial use will remain +30 acres
at that intersection. The reason that the applicant wants to amend this Commercial
area to Industrial use is because of their expansion plans. They currently own and
operate semi-truck trailer sales and service business directly to the east of this property
which is zoned I-2 and shown as Industrial on the Plan. They have acquired the land
to their west for future expansion and wish it to have the same zoning classification as
the property they already have developed. In order to do the re-classification from C-3
to I-2, they must also file a Land Use Plan Amendment from Commercial to Industrial.
The proposed change to the Land Use Plan does not create a new Land Use in the
area but shifts a relatively small area (less than 4 acres) from one non-residential to
another non-residential use. The proposal would shift the Land Use line to the west a
short distance. If the owner does develop the land as suggested, the actual use of the
land would be more a ‘heavy commercial’ rather than what most people think of as an
industrial use. If developed as suggested this would neither introduce a new use nor a
new user.
This commercially zoned and shown Commercial (on Future Land Use Plan) property
has been vacant and undeveloped for the last 20 years. There has been no commercial
demanded to develop this property in two decades, even though this Commercial
intersection is the largest and primary commercial service area for the Little Rock Port
Industrial Park. There will be remaining vacant commercial parcels even after this
change both at this intersection and the Lindsey-Interstate 440 interchange.
March 28, 2019
ITEM NO.: 1 (Cont.) FILE NO.: LU19-25-01
4
NEIGHBORHOOD COMMENTS:
Notice was sent to the following neighborhood association: Hermitage Neighborhood
Association. Staff has received no comments from area residents and neighborhood
association.
STAFF RECOMMENDATIONS:
Staff believes the change is appropriate.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The item was placed on the consent agenda for approval. By a vote of 9 for, 0 against,
and 2 absent the consent agenda was approved.
March 28, 2019
ITEM NO.: 1.1 FILE NO.: Z-9396
Owner: Walthour – Flake Company
Applicant: Allen Smith
Location: Northeast corner of Fourche Dam Pike
and Interstate 440
Area: 3.552 Acres
Request: Rezone from C-3 to I-2
Purpose: Semi tractor trailer sales and service annex
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Convenience store, truck stop and church; zoned C-3
South – I-440 right-of-way, convenience store and light industrial uses (across I-440);
zoned I-2 and C-3
East – Semi tractor trailer sales and service business; zoned I-2
West – Fast food restaurant and motel (across Fourche Dam Pike); zoned C-3
A. PUBLIC WORKS COMMENTS:
1. At time of construction, obtain permits for improvements within State Highway
right-of-way from AHTD, District VI.
2. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Fourche Dam Pike
including 5-foot sidewalks with planned development. The proposed curb and
gutter should connect with existing curb and gutter on both the north and
south ends of the property.
3. With site development, sidewalks with appropriate handicap ramps are
required to be installed adjacent to Port Drive in accordance with Sec. 31-175
of the Little Rock Code and the Master Street Plan.
March 28, 2019
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-9396
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on Rock Region Metro bus route #20 (Hanger Hill/College
Station Route), which runs along Fourche Dam Pike.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Hermitage
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
Planning Division: This request is located Port Planning District. The Land
Use Plan shows C (Commercial). The Commercial category includes a broad
range of retail and wholesale sales of products, personal and professional
services, and general business activities. Commercial activities vary in type
and scale, depending on the trade area that they serve. The applicant has
applied for a rezoning from C-3 (General Commercial District) to 1-2 (Light
Industrial District) to allow the development of a Semi Tractor Trailer Sales
and Service Annex. The applicant has also filed for a land use change request.
Master Street Plan: South of the property is Interstate 440 and it is shown as a
Freeway on the Master Street Plan . West of the property Fourche Dam Pike
and it is shown as a Collector on the Master Street Plan . (North of the property
is East Port Drive 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 Freeway is to serve through long
distance trips. Freeways are always designed as full access control roads (no
direct access). 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 for
entrances and exits to the site.
Bicycle Plan: There is a Class Ill Bike Route shown on Fourche Dam Pike.
These bike routes require no additional right-of-way, but either a sign or
pavement marking to identify and direct the route.
E. STAFF ANALYSIS:
Walthour – Flake Company, owner of the 3.552 acre property located at the
northeast corner of Fourche Dam Pike and Interstate 440, is requesting to rezone
March 28, 2019
ITEM NO.: 1.1 (Cont.) FILE NO.: Z-9396
3
the property from “C-3” General Commercial District to “I-2” Light Industrial
District. The property also abuts E. Port Drive to the north. The applicant is
requesting I-2 zoning in order to expand the existing Kenworth Semi Tractor
Trailer sales and service business.
The property is currently undeveloped and grass covered. The property is
located in an area of mixed uses, with the immediate area being primarily
zoned C-3 and I-2. A convenience store, truck stop and church are located on
the C-3 zoned property to the north, with single family residences further north.
Convenience stores and mixed industrial uses are located across I-440 to the
south. A large semi tractor trailer sales and service business is located on the
I-2 zoned property immediately to the east. A fast food restaurant and motel
are located across Fourche Dam Pike to the west.
The City’s Future Land Use Plan designates this property as “C” (Commercial).
The applicant has filed a land use plan amendment application to change the
designation of this property to “I” (Industrial). The proposed land use plan
amendment is a separate item on this agenda.
Staff is supportive of the requested I-2 rezoning. Staff views the request as
reasonable. The property is located in an area of mixed commercial and
industrial zoning. The properties immediately east and south (across I-440) are
zoned I-2. The proposed I-2 zoning represents a continuation of the existing
zoning pattern in this general area. Staff believes the rezoning of this property to
I-2 to allow the expansion of the existing Kenworth Semi Tractor Trailer business
will have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested I-2 rezoning.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 by a vote of 9 ayes, 0 noes and 2 absent.
March 28, 2019
ITEM NO.: 2 FILE NO.: Z-3854-A
NAME: Hastings Vehicle Impound Yard – Conditional Use Permit
LOCATION: 1215 East 26th Street
OWNER/APPLICANT: Moon Distributors/Lee Hastings
PROPOSAL: A conditional use permit is requested to allow a vehicle
impound yard on the I-2 zoned property located at
1215 East 26th Street.
1. SITE LOCATION:
The site is located on the south side of West 26th Street, east of the West 26th
Street/E. Roosevelt Road intersection. The property backs up to E. Roosevelt
Road to the south.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area predominately zoned I-2 Light Industrial. There
is a large cemetery located to the north, with commercial uses and zoning to the
northwest. Single family residences and some commercial uses are located to
the west and southwest. Mixed industrial uses are located to the east and south.
The applicant proposes to use the property as a vehicle impound yard for a
nearby wrecker service. The proposed use is compatible with uses in the area.
Notice of public hearing was sent to the Community Outreach Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
A portion of the site is concrete, where a building was previously located. The
remainder of the site is hard-packed gravel, and was previously used as a
parking/vehicle storage area. There will be one (1) driveway from East 26th
Street. The driveway will be approximately 20 feet in width and will be gated.
There will be no driveway from E. Roosevelt Road.
Section 36-508 of the City’s Zoning Ordinance requires that vehicle use areas be
paved. The applicant proposes continued use of the gravel areas for vehicle
parking/storage. Therefore, the applicant is requesting a variance to allow the
unpaved vehicle use area.
March 28, 2019
ITEM NO.: 2 (Cont.) FILE NO.: Z-3854-A
2
4. SCREENING AND BUFFERS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements and the Granite Mountain Overlay District.
2. The City Beautiful Commission recommends preserving as many existing
trees as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
5. PUBLIC WORKS:
1. Due to the proposed use of the property, the Master Street Plan specifies that
E. 26th Street for the frontage of this property must meet commercial street
standards. Dedicate right-of-way to 30 feet from centerline.
2. The existing driveway on E. 26th St. should be constructed with a concrete
apron per City Ordinance from the edge of pavement to near the fence to
prevent the continuing deterioration of the edge of pavement.
3. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements such as the fence and any other items located
in the right-of-way.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Authority: No comments received
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.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
March 28, 2019
ITEM NO.: 2 (Cont.) FILE NO.: Z-3854-A
3
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 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 f ire 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.
March 28, 2019
ITEM NO.: 2 (Cont.) FILE NO.: Z-3854-A
4
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.
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.
Building Codes: Building Permit required.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments.
March 28, 2019
ITEM NO.: 2 (Cont.) FILE NO.: Z-3854-A
5
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Lee Hastings was present, representing the application. Staff presented the application,
noting that some additional informational was needed. Staff noted that the boundary of
vehicle storage and entry drive(s) needed to be shown on the site plan. Staff also noted
that information on days/ hours of operation and s ite lighting needed to be provided. It
was noted that a paving variance may be needed. The Public Works requirements
pertaining to right-of-way dedication, driveway width and franchise agreement were
discussed. After the discussion, the committee forwarded the application to the full
commission for resolution.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow a vehicle
impound lot on the I-2 zoned property at 1215 East 26th Street. The property is
comprised of approximately 0.61 acre. The property has East 26th Street frontage
along the north property line and E. Roosevelt Road frontage along the south
property line.
The applicant proposes to utilize the entire site as a vehicle impound lot for Adams
Towing which is located nearby at 2724 Springer Boulevard. A portion of the site is
covered in concrete, where a building was previously located. The remainder the site is
hard-packed gravel. An eight (8) foot high wood fence will be located along the south
(E. Roosevelt Road) property line. The remainder of the site will be enclosed with a six
(6) foot high chain link fence with security wire. The property will have one (1) access
drive from East 26th Street. The driveway will be approximately 20 feet wide an d will be
gated. One (1) security light will be located at the southwest corner of the site. The
light will be directed downward and into the site. An existing billboard is located at the
southeast corner of the site. The applicant notes that the vehic le impound lot will be a
24 hour, seven (7) day per week facility.
Section 36-508 of the City’s Zoning Ordinance requires that all vehicular use areas be
paved. The applicant is proposing continued use of the existing gravel area of the site
for vehicle parking/storage. Therefore, the applicant is requesting a variance for
continued use of the gravel vehicular use area.
March 28, 2019
ITEM NO.: 2 (Cont.) FILE NO.: Z-3854-A
6
The applicant responded to issues raised at Subdivision Committee by providing a
revised site plan to staff. The revised plan shows the driveway with gate information as
requested. To staff’s knowledge, there are no outstanding issues associated with this
application.
Staff believes that the proposed vehicle impound lot located on the I-2 zoned property at
1215 E. 26th Street is an appropriate use for this property. The existing vehicle impound
lot located at 2724 Springer Blvd. will be moved to this location, which staff believes is a
more appropriate location for the use. The adjacent properties to the east and south
are zoned I-2 and contain industrial uses. The proposed use should be compatible with
surrounding uses. Staff believes the proposed vehicle impound lot will have no adverse
impact on the surrounding uses.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including paving variance, subject to
compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the
agenda staff report.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 by a vote of 9 ayes, 0 n oes and 2 absent.
March 28, 2019
ITEM NO.: 3 FILE NO.: Z-4184-B
NAME: Holy Souls School – Revised Conditional Use Permit
LOCATION: 1001 N. Tyler Street
OWNER/APPLICANT: Holy Souls Church/Greg R. Peckham
PROPOSAL: A revised conditional use permit is requested to allow a
building addition to an existing school use on the R-2 zoned
property located at 1001 N. Tyler Street.
1. SITE LOCATION:
The site is located along the north side of “H” Street, between N. Polk and N.
Harrison Streets. N. Tyler Street runs along a portion of the western property
boundary.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area predominately made up of single family
residences. The Allen School is located to the south, across “H” Street. All
other surrounding properties are occupied by single family residences. Other
non-residential uses are located further east and north along Kavanaugh Blvd.,
and further to the west.
The applicant proposes to construct a rather small addition to one (1) building
within a large church and school campus. The church and school uses have
existed as part of the neighborhood for a number of years. The proposed
addition to the existing school building will be compatible with uses in the area.
Notice of public hearing was sent to the Hillcrest Residents Association.
3. ON SITE DRIVES AND PARKING:
Existing paved parking areas are located within the west and north portions of the
overall development. Access drives from “I” Street and N. Tyler Street serve the
church and school campus.
Classrooms will be relocated from other areas of the campus to the new addition.
There will be no increase in the number of classrooms or students. Therefore, no
increase in parking will be required.
March 28, 2019
ITEM NO.: 3 (Cont.) FILE NO.: Z-4184-B
2
4. SCREENING AND BUFFERS:
1. Any new site development must comply with the City’s minimal landscape
and buffer ordinance requirements
2. Any exiting landscape or irrigation disturbed by construction shall be
repaired or replaced before a certificate of occupancy can be obtained.
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.
5. PUBLIC WORKS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
“H” Street and N. Polk Street.
2. A 20 feet radial dedication of right-of-way is required at the intersection of
"I” Street and N. Polk Street.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Authority: No comments received.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. A three-phase
overhead power line already exists along “H” Street on the east side of the
property. Please insure that buried electrical service lines are marked prior to
digging on the property. 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 OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
March 28, 2019
ITEM NO.: 3 (Cont.) FILE NO.: Z-4184-B
3
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.
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.
Building Codes:
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
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Greg Peckham was present, representing the application. Staff presented the application
and noted that there were no outstanding issues. The requested building height and
setback variances were briefly discussed. The Public Works requirements were also
discussed. After the discussion, the committee forwarded the application to the full
Commission for resolution.
March 28, 2019
ITEM NO.: 3 (Cont.) FILE NO.: Z-4184-B
4
STAFF ANALYSIS:
The applicant is requesting approval of a revised conditional use permit to allow a
building addition to an existing school building located within the Holy Souls Church
and school campus. The addition will be made to the southeast corner of the middle
building which fronts on “H” Street. The proposed building addition will be
approximately 10,000 square feet in area and three (3) stories in height (42’ – 4”). The
addition will have a basement level with two (2) upper floors. The front of the proposed
addition will be located approximately 22 feet back from the front (south) property line.
A new step/porch structure will be located approximately 15 feet back from the front
property line. The proposed front building setback and building height will match the
front setback and height of the existing school building. The applicant notes that the
upper two (2) floors of the addition will be for classrooms, with the basement level being
a safe room that will accommodate the entire school population.
The applicant is requesting two (2) variances with the proposed building addition. The
first variance is from the building height provisions of Section 36-254(c) of the City’s
Zoning Ordinance. This section allows a maximum building height in R-2 zoning of 35
feet. The ordinance requires that building height be measured from the lowest finished
floor to the ceiling height of the top floor (flat roof). The proposed building height will be
42 feet – 4 inches as measured from the floor of the basement level (below ground).
The building height as viewed from the existing grade should not exceed 35 feet.
The second variance is from the area provisions of Section 36-254(d) (1), which
requires a minimum front building setback of 25 feet. The proposed building addition
will be located approximately 22 feet back from the front (south) property line, with the
step/porch of the addition having a front setback of approximately 15 feet.
There were no issues raised by the Subdivision Committee which the applicant needed
to respond to. To staff’s knowledge, there are no outstanding issues associated with
this application.
Staff believes the proposed building addition to the existing school building is an
appropriate use for this property. The proposed addition represents a very small
increase in the overall amount of building area within this development. The church and
school use has been a component of this neighborhood for a number of years. Staff
believes the proposed building addition will have no adverse impact on the
neighborhood. With respect to the requested building setback and height variances,
staff views the variances as reasonable. The proposed front setback and building
height for the addition will match the setback and height of the existing building.
March 28, 2019
ITEM NO.: 3 (Cont.) FILE NO.: Z-4184-B
5
STAFF RECOMMENDATION:
Staff recommends approval of the requested revised CUP, including front building
setback and building height variances, subject to compliance with the comments and
conditions outlined in sections 4, 5 and 6 of the agenda staff report .
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 by a vote of 9 ayes, 0 noes and 2 absent.
March 28, 2019
ITEM NO.: 4 FILE NO.: Z-9397
NAME: Knight Duplex –Conditional Use Permit
LOCATION: 3516 West 15th Street
OWNER/APPLICANT: Carl Knight
PROPOSAL: A conditional use permit is requested to allow a duplex use
within an existing structure on the R-3 zoned property
located at 3516 West 15th Street.
1. SITE LOCATION:
The site is located on the north side of West 15th Street, between S. Valentine
and S. Valmar Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The general area around 3516 West 15th Street is comprised of single family
residences, duplexes and a number of vacant lots, zoned R -3, R-4 and R-5. The
structure on the subject property was previously a nonconforming duplex. The
structure lost its nonconforming status, as the structure was vacant for a long
period of time.
The applicant proposes to remodel the structure for use as a duplex, as
previously existed. The proposed use is compatible with uses in the area.
Notice of public hearing was sent to Stephens Area Faith, Pine to Woodrow and
Love Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
There is an existing one (1) car wide driveway which exists along the West 15 th
Street frontage. The applicant proposes to widen the driveway to allow two (2)
vehicles to be parked within the front yard area. The ordinance requires a
minimum of three (3) off-street parking spaces for a duplex structure. The
applicant is requesting a variance for the third space. On-street parking is
permitted along both sides of West 15th Street in front of the subject property.
4. SCREENING AND BUFFERS: No Comments.
5. PUBLIC WORKS:
1. Show proposed parking area. The proposed driveway cannot exceed 20 ft . in
width.
March 28, 2019
ITEM NO.: 4 (Cont.) FILE NO.: Z-9397
2
2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818)
for the private improvements such as parking located in the right-of-way.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Authority: No comments received.
Entergy: Entergy does not object to this proposal. There is an existing overhead
power line on the south side of W. 15th St on the south side of this property, but
does not conflict with the proposal. Contact Entergy in advance to discuss
electrical service requirements, or adjustments/extension of facilities (if any) as
this project proceeds.
Centerpoint Energy: No comments received.
AT&T: No comments received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
Fire Department: No comment
Building Codes: No comments.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Carl Knight was present, representing the application. Staff presented the application.
Staff noted that three (3) parking spaces were required for the duplex. Staff suggested
widening the driveway to 20 feet to allow for two (2) vehicles to be parked. Staff noted
that a variance could be requested for the third space, and that on-street parking is
allowed along both sides of W. 15th Street. After the discussion, the Committee
forwarded the application to the full Commission for resolution.
March 28, 2019
ITEM NO.: 4 (Cont.) FILE NO.: Z-9397
3
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow use of the
existing residential structure as a duplex. The existing structure on the site is a one-story
frame building which contains approximately 1,306 square feet of area, with an 8.6 foot
wide unenclosed front porch. The structure was originally constructed as a duplex, and
was occupied as a nonconforming duplex (in single family zoning) for a number of years.
The structure lost its nonconforming status, as it sat vacant for a long period of time.
The applicant proposes to remodel the existing structure for use as a duplex, as
previously existed. As part of the project the applicant proposes to cons truct a 17 foot
by 32 foot (544 square feet) addition to the rear of the structure. Approximately 272
square feet of the addition will be for each duplex unit. The proposed addition exceeds
the minimum building setback requirements. The applicant also p roposes to widen the
existing driveway from West 15th Street to 20 feet in width, to allow for parking of two
(2) vehicles in the front yard area.
Section 36-502 (b) (1) c. of the City’s Zoning Ordinance requires a minimum of three
(3) parking spaces for a duplex use. Therefore, the applicant is requesting a variance
to allow a reduced number of off-street parking spaces. The applicant is providing a
20 foot wide driveway for the parking of two (2) vehicles. Section 36-513 (d) allows a
maximum driveway width of 20 feet for residential properties. There are no other
accessible areas within the property which could be used for parking. On-street
parking is permitted along both sides of West 15th Street in front of this property. The
applicant will have to obtain a franchise permit for a portion of the driveway/parking
pad located in the right-of-way of West 15th Street.
The applicant responded to issues raised at Subdivision Committee by providing a
revised site plan to staff. The revised plan shows enlarging the existing driveway and
parking pad to 20 feet in width for the parking of two (2) vehicles. The applicant also
requested a variance to allow one (1) fewer parking space than required by ordinance.
To staff’s knowledge, there are no outstanding issues associated with this application.
Staff believes that the proposed duplex structure located on this property at 3516 West
15th Street is an appropriate use for this property. The structure was originally
constructed as a duplex, and was occupied as such for a number of years as a
nonconforming use. The structure lost its nonconforming status by being vacant for a
period of time. Staff believes the applicant’s plan to remodel the structure for re-use as
a duplex will have no adverse impact on the adjacent properties or the neighborhood.
There are other duplexes and R-4 zoning in this general area.
March 28, 2019
ITEM NO.: 4 (Cont.) FILE NO.: Z-9397
4
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including parking variance, subject to
compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda
staff report.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 by a vote of 9 ayes, 0 noes and 2 absent.
March 28, 2019
ITEM NO.: 5 FILE NO.: Z-9398
NAME: Dogwood Partners Accessory Dwelling – Conditional
Use Permit
LOCATION: 3301 West Capitol Avenue
OWNER/APPLICANT: Dogwood Partners, LLC/Abigail Reaves
PROPOSAL: A conditional use permit is requested to allow an accessory
dwelling on the R-3 zoned property located at 3301 W.
Capitol Avenue.
1. SITE LOCATION:
The site is located at the southwest corner of W. Capitol Avenue and Brown
Street.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area that contains mixed residential zoning. Most of
the area is zoned R-3, with multiple lots zoned R-4, R-5 and PD-R. Single family
structures and duplexes are located in the general area. A Boy’s Club facility,
including baseball fields, is located across Brown Street to the east. A community
garden is located to the southeast.
The applicant proposes to construct two (2) single family residences on the site,
one (1) of which will serve as an accessory dwelling. The proposed use is
compatible with uses in the area. Notice of public hearing was sent to the Capitol
View Stifft Station Neighborhood Association.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to construct two (2) driveways from Brown Street ; one (1)
to serve each of the two (2) residences. Each drive will be approximately 12 feet
wide and will allow for the parking of one (1) vehicle. Section 36-502 (b) (1) a. of
the City’s Zoning Ordinance requires that at least one (1) parking space be
provided for each single family residence. The proposed plan complies with this
requirement.
4. SCREENING AND BUFFERS: No comments.
March 28, 2019
ITEM NO.: 5 (Cont.) FILE NO.: Z-9398
2
5. PUBLIC WORKS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of
W. Capitol Avenue and Brown Street.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Water: No comments received.
Entergy: Entergy does not object to this proposal. There is an existing three
phase, overhead power line on the north side of West Capitol Ave. on the north
side of this property. It does not conflict with the project proposal. 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 OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
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 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.
March 28, 2019
ITEM NO.: 5 (Cont.) FILE NO.: Z-9398
3
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.
Building Codes: No comments.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Aaron Jones was present, representing the application. Staff presented the application
and noted that there were no outstanding issues. The requested variance s for the
accessory and principal dwellings were briefly discussed. The Public Works requirement
was also discussed. After the discussion, the Committee forwarded the application the
full Commission for resolution.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow for an
accessory dwelling (second dwelling) on the R-3 zoned property at 3301 W. Capitol
Avenue. The property is located at the southwest corner of W. Capitol Avenue and
Brown Street. The property is currently undeveloped and grass covered, with a few
small to medium size trees.
The applicant proposes to construct two (2) single family residences on the property,
one (1) of which will serve as an accessory dwelling. The property owner proposes to
rent both residences. The northernmost residence will be 990 square feet, and will be
located 19 feet back from the front (north) property line, five (5) feet from the west side
property line, 5.5 feet from the east street side property line and over 80 feet to the rear
(south) property line. The southern dwelling (accessory dwelling) will be 940 square
feet in area, will be located over 60 feet back from the front property line, five (5) feet
from the west side property line, 10 feet from the east street side property line (porch
March 28, 2019
ITEM NO.: 5 (Cont.) FILE NO.: Z-9398
4
portion only) and 22 feet from the rear property line. One (1) single car driveway from
Brown Street is provided for each of the dwellings. Each dwelling will be frame
construction and one (1) story in height, with a pitched roof.
The applicant is requesting three (3) variances with the proposed lot development. The
first variance is from Section 36-255 (d) (1) of the City’s Zoning Ordinance. This section
requires a minimum front setback of 25 feet for principal structures in R-3 zoning. A
portion of the northernmost structure will be located 19 feet back from the front (north)
property line. The proposed residence will have a front setback similar to the other
residences to the west along W. Capitol Avenue.
The second variance is from Section 36-156 (a) (2), which requires a minimum street
side setback of 15 feet for accessory structures. A small portion of the porch section of
the south dwelling (accessory dwelling) will be located 10 feet back from the east street
side property line. The minimum principal structure setback from the property line is five
(5) feet.
The last variance is from Section 36-252 (a) (3). This section requires that when there
is an accessory structure on a property, one (1) of the two (2) dwellings must be
occupied by the landowner. As noted previously, the applicant plans to rent both
dwellings.
There were no issues by the Subdivision Committee which the applicant needed to
respond to. To staff’s knowledge, there are no outstanding issues associated with this
application.
Staff believes that the proposal to construct two (2) single family homes on this
property, one (1) of which will serve as an accessory dwelling, is an appropriate use for
the property. There are a number of lots within this general area which are zoned R-4
and allow two (2) rental single family units on one (1) lot. The proposal to have two (2)
separate single family rental structures on this property will not be out of character with
the neighborhood. Additionally, the design and building setbacks of the proposed
structures will be compatible with the general area. Staff believes the proposed
principal and accessory structures will have no adverse impact on the surrounding uses
or general area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including building setback and
accessory dwelling variances, subject to compliance with the comments and conditions
outlined in Sections 5 and 6 of the agenda staff report.
March 28, 2019
ITEM NO.: 5 (Cont.) FILE NO.: Z-9398
5
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
Aaron Jones was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Aaron Jones addressed the Commission in support of the application. He made a
PowerPoint presentation to the Commission. He noted that the property will be sold
and that the new owner will live in the principal structure and rent the accessory
dwelling. He explained the construction of the structures. He noted that the size of the
structures will be compatible with other houses in the neighborhood.
Robert Walker addressed the Commission in opposition. He presented photos of other
properties in the neighborhood. He expressed concern with parking in the area.
Commissioner Berry explained that the proposed development was quality in-fill
development.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 9 ayes, 0 noes and 2 absent. The application was approved.
March 28, 2019
ITEM NO.: 6 FILE NO.: Z-9399
NAME: Assembly of Believers Baptist Church – Conditional
Use Permit
LOCATION: 6200 Mabelvale Cut Off
OWNER/APPLICANT: City of Little Rock/Kevin Howard
PROPOSAL: A conditional use permit is requested to allow a church
development on the R-2 zoned property located at 6200
Mabelvale Cut Off.
1. SITE LOCATION:
The site is located at the northwest corner of Mabelvale Cut Off and Judy Lane.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in an area of mixed uses and zoning. Single family
residences are located to the north and east across Judy Lane. Undeveloped
C-2 and C-3 zoned property is located further east. A multifamily development
is located across Mabelvale Cut Off to the south. A single family residence,
hair salon, convenience store and multifamily development (zoned R-2, PD-O,
C-3 and MF-24) are located to the west.
The applicant proposes to develop a church facility on this property. The
proposed use is compatible with uses in the area. Notice of public hearing
was sent to the Santa Monica, Chicot, Allendale and SWLR United for
Progress Neighborhood Associations.
3. ON SITE DRIVES AND PARKING:
The applicant proposes to construct two (2) 24 foot wide driveways for the
proposed development, one (1) from Mabelvale Cut Off and one (1) from
Judy Lane. Each driveway will be located near the center of the property.
The applicant is providing 39 parking spaces for the proposed development.
Section 36-502 (b) (2) d. requires a minimum 37 parking spaces for the
proposed development (maximum seating capacity of 150 persons).
The applicant is requesting a variance from Section 36 -210 (e) of the City’s
Subdivision Ordinance with respect to driveway spacing, for the proposed
driveway from Mabelvale Cut Off. The proposed driveway will be located less
than 300 feet back from the intersection and less than 150 feet back from the
west side property line.
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
2
4. SCREENING AND BUFFERS:
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 average depth of the lot is
approximately 200 linear feet. A minimum twelve (12) foot street buffer is
required between the property line and the Mabelvale Cutoff right-of-
way.
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 perimeter planting strip is required along any side of a vehicular use area
that abuts adjoining property. This strip shall be at least nine (9) feet wide.
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. A small portion of
the west perimeter planting strip is deficient.
5. 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
properties to the north, and west are zoned R-2. The average width of the
lot is approximately 165 linear feet. A ten (10) foot land use buffer is
required adjacent west perimeter. A small portion of the buffer is
deficient.
6. 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.
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
3
7. Eight percent (8%) of the vehicular use area must be designated for green
space; this green space needs to be evenly distributed throughout the
parking area(s). The minimum size of an interior landscape area shall be
one hundred fifty (150) square feet for developments with one hundred fifty
(150) or fewer parking spaces. Interior islands must be a minimum of seven
and one half (7 1/2) feet in width. Trees shall be included in the interior
landscape areas at the rate of one (1) tree for every twelve (12) parking
spaces. Interior landscape space is deficient.
8. 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 pl anted in
the building landscape areas for each forty (40) linear feet of vehicular use
area abutting the building.
9. An automatic irrigation system to water landscaped areas shall be required
for developments of one (1) acre or larger.
10. If any of the landscape code requirements cannot be met a variance from
the City Beautiful Commission may be required before a building permit is
issued.
11. 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.
5. PUBLIC WORKS:
1. Mabelvale Cutoff is classified on the Master Street Plan as a minor arterial
with a special design standard. A dedication of right-of-way 35 feet from
centerline will be required.
2. Due to the proposed use of the property, the Master Street Plan specifies
that Judy Lane 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
Mabelvale Cutoff and Judy Lane.
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
4
4. With site development, provide design of street conforming to the Master
Street Plan. Construct one-half street improvement to Judy Lane
including
5-foot sidewalks with planned development. The new back of curb should
be placed 15.5 ft. from center of the street.
5. Repair or replace any curb, gutter, sidewalk and access ramps that are
damaged and not in compliance with ADA recommendations in the public
right-of-way prior to occupancy.
6. A grading permit in accordance with section 29-186 (c) & (d) will be required
prior to any land clearing or grading activities at the site. Other than
residential subdivisions, site grading and drainage plans must be submitted
and approved prior to the start of construction.
7. 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.
8. Driveway locations and widths do not meet the traffic access and circulation
requirements of Sections 30-43 and 31-210. Driveway spacing on arterial
streets is 300 ft. from intersections and other driveways. Driveway spacing
on commercial streets is 250 ft. from intersections and other driveways. The
width of driveway must not exceed 36 feet. Variances must be requested
for the proposed driveway locations.
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.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation: No comments received.
Entergy: Entergy does not object to this proposal. There do not appear to be
any conflicts with existing electrical utilities at this location. A single -phase
overhead power line already exists on the west side of Judy Lane on the east
side of this property. 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.
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
5
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
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.
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
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
6
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 b e 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 ro of, 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 o ne
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.
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
7
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 operab le 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.
Building Codes:
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:
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
8
Curtis Richey at 501.371.4724; crichey@littlerock.gov or
Steve Crain at 501-371-4875; scrain@littlerock.gov
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments received.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MARCH 6, 2019)
Kevin Howard and Reverend Nathanael Palmer were present, representing the
application. Staff presented the application and noted that some additional information
was
needed. Staff noted that additional information was needed with respect to building
height, building design, site lighting, signage and screening. The Public Works
requirements were discussed, including required right-of-way dedication and street
improvements. Advanced grading of the site was also discussed. It was noted that the
driveways needed variances for reduced spacing. This issue was discussed further.
The landscape and buffer requirements were also discussed. It was noted that some
minor changes needed to be made to the site plan to conform with the landscape and
buffer ordinances. After the discussion, the Committee forwarded the application to
the full Commission for resolution.
STAFF ANALYSIS:
The applicant is requesting approval of a conditional use permit to allow a new church
development on the R-2 zoned property at 6200 Mabelvale Cut Off. The property is
located at the northwest corner of Mabelvale Cut Off and Judy Lane. The property
is currently undeveloped and partially tree covered.
The applicant proposes to construct a new 4,000 square foot church building on the
site. The church building will be located within the north half of the property. The
church building will be one (1) story in height, not exceeding a height of 35 feet. The
building will have a metal and brick exterior, with a pitched roof. The proposed building
will exceed the minimum setback requirements from all property lines. A paved parking
lot with 39 spaces will be located on the south side of the proposed building. Two (2)
access driveways are proposed; one (1) from Mabelvale Cut Off and one (1) f rom
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
9
Judy Lane. Both drives are located near the middle of the property frontage along the
streets. A screened dumpster site will be located on the west side of the church
building. The site will be landscaped as per City Code. The applicant notes that the
church building will have a maximum seating capacity of 150 persons. The applicant
also notes the following as typical weekly activities.
Typical Week Services
Sunday School 9:45 am – 10:45 am
(10 - 15 Average Attendance)
Sunday Morning Worship 11:00 am – 12:30 pm
(35 – 40 Average Attendance)
Wednesday Night Bible Study 6:00 pm – 7:30 pm
(15 – 20 Average Attendance)
Saturday Choir/Usher Rehearsal 1:00 pm – 3:00 pm
(12 – 15 Average Attendance)
The applicant is requesting two (2) variances with the proposed development. The
first variance is from Section 31-201 (e) of the City’s Subdivision Ordinance. This
section requires that driveways from arterial streets be located at least 300 feet back
from an intersection and 150 feet back from a side property line. The proposed drive
from Mabelvale Cut Off is located less than 120 feet from the street intersection with
Judy Lane and less than 90 feet from the west side property line.
The second variance is from the City’s Land Alteration Ordinance. The applicant is
requesting a variance to allow an advanced grading permit prior to the issuance of a
building permit for the church building.
The applicant responded to issues raised at Subdivision Committee by providing a
revised site plan to staff. The revised plan shows the required right-of-way dedication,
landscaping and screening. The revised plan also shows proposed lighting for the
parking lot. There may be a few other minor revisions which need to be made, but
those can be accomplished prior to a building permit being issued. To staff’s
knowledge, there are no outstanding issues associated with this application.
Staff believes the proposed church development is an appropriate use for this property.
The proposed church development represents a good in-fill project for this vacant
property. The property is located along Mabelvale Cut Off which is an arterial street.
There are several uses in this immediate area with a use density higher than single
family residential. Therefore, the proposed church use will be compatible with the
March 28, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9399
10
surrounding uses. Staff believes the proposed church development will have no
adverse impact on the neighborhood.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including, land alteration variance,
subject to compliance with the following conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the
agenda staff report.
2. All site lighting must be low-level and directed away from adjacent property.
3. The dumpster area must be screened as per ordinance requirements (screen shall
exceed the height of the dumpster by at least two (2) feet, not to exceed eight (8) feet
total height).
4. Signage for the church facility will be as per Section 36-553 of the code (signs
permitted in office zones).
Staff recommends approval of the driveway spacing variance, subject to the following
conditions:
1. The driveway location along the Mabelvale Cut Off frontage must be moved to the
west property line.
2. The maximum driveway width shall be 24 feet.
3. An access easement must be dedicated at the southwest corner of the property, so
that the driveway can be shared with the property to the west, if that property
redevelops in the future.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 by a vote of 9 ayes, 0 noes and 2 absent.
March 28, 2019
ITEM NO.: 7 FILE NO.: G-25-223
Name: Morgan Keegan Drive – Street Name Change to River Bluff Drive
Location: Running east from Riverfront Drive
Petitioner: Michael Goswami
Request: To change the name of Morgan Keegan Drive located east of Riverfront
Drive to River Bluff Drive.
Abutting Uses:
Four (4) properties abut this street; one (1) on the north side, one (1) on the south side,
one (1) at the northeast end of the street and one (1) at the southeast end of the street.
The property on the north side of the street is vacant. The property on the south side
and the property at the northeast end of the street have an address on this street. The
property at the southeast end of the street has an address on an interesting street. The
uses and addresses are as follows:
· Northeast corner of Riverfront Drive and Morgan Keegan Drive
(Riverfront Drive address); undeveloped property
· 100 Morgan Keegan Drive; five (5) story office building
· 101 Morgan Keegan Drive; one (1) story office building
· One Information Way; four (4) story office building
Neighborhood Effect:
Mailing addresses will change for the two (2) properties which currently take an address
on Morgan Keegan Drive; 100 and 101 Morgan Keegan Drive.
Neighborhood Position:
Signatures of support were submitted from 61 percent of the businesses which take an
address on Morgan Keegan Drive. Notice was sent to all businesses and property
owners who take an address on Morgan Keegan Drive.
Public Service Agencies Comments:
No objection was voiced by any reviewing agency. Public Works approves the
proposed name change.
March 28, 2019
ITEM NO.: 7 (Cont.) FILE NO.: G-25-223
2
Utilities and Fire Department/County Planning:
No objection was voiced by any reviewing agency.
STAFF REPORT:
The applicant is requesting to change the name of Morgan Keegan Drive to River Bluff
Drive. The applicant notes that the street name change is requested for the following
reasons:
“The Petition is submitted due to the material change in circumstances
which has arisen since the naming of Morgan Keegan Drive. Morgan
Keegan & Co., for which Morgan Keegan Drive was originally named, has
ceased to exist. Its operation and business units were acquired by
Raymond James Financial, which no longer utilizes any identifier related
to the name Morgan Keegan & Co.”
“Additionally, the large office building located at the North end of Morgan
Keegan Drive, colloquially referred to as the “Morgan Keegan Building”
has been remodeled and will be renamed to provide the capstone for the
remodel. As a result of these material changes, the Applicant and multiple
supporters find that a name change would serve as a modernization of the
Riverdale Addition of the City and would be beneficial to the community.”
“The Applicant is aware of the externalities accompanying the Petition that
will affect the surrounding community. To ameliorate the transition
requirements, the Applicant requests a nine (9) month phase-in period
before the name modification is fully effected.”
The applicant is proposing the City of Little Rock Planning Commission consider
formally recognizing this roadway as River Bluff Drive.
SUBDIVISION COMMITTEE COMMENT: (March 6, 2019)
Michael Goswami was present, representing the application. Staff presented the
application and noted that the only outstanding issue was that the proposed street
name need to be decided on. Mr. Goswami noted that the proposed name was
“River Bluff Drive”, and that Public Works had approved the new name. After brief
further discussion, the Committee forwarded the application to the full Commission
for resolution.
March 28, 2019
ITEM NO.: 7 (Cont.) FILE NO.: G-25-223
3
STAFF RECOMMENDATION:
Staff recommends approval of the proposal to change the name of Morgan Keegan
Drive to River Bluff Drive.
PLANNING COMMISSION ACTION: (MARCH 28, 2019)
The applicants were 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 pla ced on the consent agenda
and approved as recommended by staff by a vote of 9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION VOTE RECORD
DATE ���t.� 28 1 l.Ol '\ l-tN15[;v( A 6Jf;v �A
MEMBER . \ \ b l 2... > '--1 .b :/
BERRY, CRAIG _iy
BROCK, THOMAS L. J1 /
BYNUM, BUELAH A -'V v--�i--..._
HAMILTON, SCOTT -�0/
HAYNES, MARLON D. l'l' V
LATTURE, PAUL "y
MAY, BILL B. °"� I(A �J -RAHMAN, ROBBIN S. ,,,,,,..--v� r---....,L---"'""
STEBBINS, ROBERT /
THOMAS, DIANA M. V /
VOGEL, ROBBY I/
. . .. · ., MEMBER· . '
BERRY, CRAIG
BROCK, THOMAS L.
BYNUM, BUELAH
HAMIL TON, SCOTT
HAYNES, MARLON D.
LATTURE, PAUL
MAY, BILL B.
RAHMAN, ROBBIN S.
STEBBINS, ROBERT
THOMAS, DIANA M.
VOGEL, ROBBY
/AYE e NAVE _b_ABSENT ��ABSTAIN '1._RECUSE
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Meeting Adjourned 5': '3D P.M.
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March 28, 2019
There being no further business before the Commission, the meeting
was adjourned at 5:30 p.m.
Date f-1-/ o/ ----"--------
Secretary Chairman