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LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
MINUTE RECORD
OCTOBER 24, 2019
4:00 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being ten (10) in number.
II. Members Present: Craig Berry
Buelah Bynum
Scott Hamilton
Todd Hart
Marlon Haynes
Paul Latture
Robbin Rahman
Robert Stebbins
Diana Thomas
Robby Vogel
Members Absent: Tom Brock
City Attorney: Shawn Overton
III. Approval of the Minutes of the September 12, 2019 Meeting of the Little
Rock Planning Commission. The Minutes were approved as presented.
LITTLE ROCK PLANNING COMMISSION
PLANNING – REZONING – CONDITIONAL USE HEARING
OCTOBER 24, 2019
4:00 P.M.
I. OLD BUSINESS:
Item Number: File Number: Title:
A. Z-9423 Second and Louisiana Commercial Parking Lot –
Conditional Use Permit
200 S. Louisiana Street
B. Z-9449 Rezoning from R-2 to C-3
Northeast corner of Lawson Road and Beauchamp Road
II. NEW BUSINESS:
Item Number: File Number: Title:
1. Z-9457 Rezoning from R-3 to R-4
1700 S. Cedar Street
2. LU19-11-02 A Land Use Plan Amendment in the I-430 Planning
District located at the Northeast corner of Aldersgate
Road and West 20th Street from RL, Residential Low to
RM, Residential Medium.
2.1 Z-9458 Rezoning from R-2 to R-4
Northeast corner of West 20th Street and Aldersgate Road
3. LU19-11-03 A Land Use Plan Amendment in the I-430 Planning
District located at the Northeast corner of Kanis Road and
Embassy Suites Drive from O, Office to C, Commercial.
3.1 Z-9460 Rezoning from O-3 and POD to C-3
Northeast corner of Kanis Road and Embassy Suites
Drive
Agenda, Page Two
II. NEW BUSINESS: (CONTINUED)
Item Number: File Number: Title:
4. G-23-471 Exclusive Right-of-Way and Easement Abandonment for
an undeveloped 30 foot Unnamed right-of-way located
North of Kanis Road, East of Embassy Suites Drive.
5. G-23-472 Scenic Blvd. Right-of-Way Abandonment; located at 55
Scenic Blvd.
6. Z-9459 Little Rock Compassion Center Homeless Shelter –
Conditional Use Permit
3821 West Roosevelt Road
7. Amendments to Planning Commission Bylaws
October 24, 2019
ITEM NO.: A FILE NO.: Z-9423
NAME: Second and Louisiana Commercial Parking Lot –
Conditional Use Permit
LOCATION: 200 S. Louisiana Street
OWNER/APPLICANT: Second and Louisiana Properties, LLC/
Thomas R. Pownall
PROPOSAL: A conditional use permit is requested to allow
development of a commercial parking lot on the UU
zoned property at 200 S. Louisiana Street.
1. SITE LOCATION:
The site is located on the west side of S. Louisiana Street, between West
2nd and West 3rd Streets.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located in the Downtown Little Rock area, occupied by
multi-story buildings and paved parking areas. Paved surface parking lots
are located throughout this general area.
The applicant proposes to construct a new commercial parking lot utilizing
the entire half block area. The parking lot will serve the Stephens Building
to the north. The proposed use is compatible with uses in the area.
Notice of public hearing was sent to the Downtown Neighborhood
Association.
3. ON SITE DRIVES AND PARKING:
A two-car wide driveway from West 2nd Street will be located near the
northwest corner of the property. This will be the only access to the main
parking area. A paved alley right-of-way is located along the west property
boundary. There will be one (1) row of parking along the east side of the
alley right-of-way. There will be a total of 112 paved parking spaces. The
entry drive will contain access bars/arms which will limit the access to only
those who are permitted to park in the lot.
4. SCREENING AND BUFFERS:
1. Any new site development must comply with the City’s minimal
landscape and buffer ordinance requirements and the requirements of
the UU Urban Use District.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
2
2. Sec. 36-342.1. - UU urban use district, Street trees a minimum of
three-inch caliper shall be required. The trees shall be located a
minimum of two (2) feet off the back of a curb and shall be thirty (30)
feet on center and no closer than thirty (30) feet to a street intersection
with a water source provided. The tree canopy shall be maintained at
least eight (8) feet above the sidewalk.
3. Street buffers will be required at six (6) percent of the average
depth/width of the lot. The minimum dimension shall be one-half (½)
the full width requirement but in no case be less than nine (9) feet. The
lot is approximately 300 feet in width. An eighteen (18) foot street
buffer is required adjacent to the 2nd and 3rd street right-of-ways.
4. Screening requirements will need to be met for the vehicular use areas
adjacent to street rights-of-way. 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.
5. Eight percent (8%) of the vehicular use area must be designated
for green space; this green space needs to be evenly distributed
throughout the parking area(s). The minimum size of an interior
landscape area shall be one hundred fifty (150) square feet for
developments with one hundred fifty (150) or fewer parking spaces.
Interior islands must be a minimum seven and one half (7 1/2) feet in
width. Trees shall be included in the interior landscape areas at the
rate of one (1) tree for every twelve (12) parking spaces.
6. 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. 3rd St. is classified on the Master Street Plan as a minor arterial with
special design standards. A dedication of right-of-way 35 feet from
centerline will be required.
2. 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. The existing ramps at the street
intersections do not comply with CLR standard details.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
3
3. Are gates, kiosk, or signage proposed to be installed in alley and at
driveways?
4. 2nd St. is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Water Reclamation Water: Sewer Available to this site.
Entergy:
Entergy does not object to this proposal. There does not appear to be any
conflicts with existing electrical utilities at this location. All lines are in
underground and in the asphalt alley shown. 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.
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.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
4
Building Codes: No comments received.
7. TRANSPORTATION/PLANNING:
County Planning: No comments received.
Rock Region METRO: No comments pertinent to this application.
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (MAY 29, 2019)
Thomas Pownall was present, representing the application. Staff presented the
application. Staff asked for some additional information on the project. Staff
noted that a variance for reduced street buffers (West 2nd and West 3rd Street
frontages) and waiver of additional right-of-way dedication for West 2nd Street
needed to be requested. The Public Works requirements and the landscape
requirements were briefly 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 for the
development of a commercial parking lot on the UU zoned property at 200 S.
Louisiana Street. The property is comprised of an entire half block area located
along the west side of S. Louisiana Street, between West 2nd and West 3rd
Streets. Several one (1) and two (2) story office/commercial buildings are
located within the north two-thirds of the overall property. The south third of the
half block area is occupied by a paved parking area.
The applicant proposes to remove the existing buildings from the site and
construct a new 112 space commercial parking lot. There will be one (1) entry
drive to the parking area from West 2nd Street at the northwest corner of the
property. The entry drive will contain entry bars/arms which will limit the access
to only those who are permitted to park in the lot. A paved alley right-of-way is
located along the west property line. One (1) row of parking will be located
along the east side of the alley right-of-way. The main portion of the parking area
(excluding the one (1) row of parking along the alley) will be fenced with a six (6)
foot high decorative metal fence. Small signs (six (6) feet maximum height and
four (4) square feet maximum area) will be located near the entry drive and along
the row of parking adjacent to the alley. The signage will note that the parking
area is for permitted parking only.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
5
The applicant is requesting two (2) variances with the proposed development.
Section 36-522 of the City’s Zoning Ordinance requires a minimum street buffer
width of 18 feet along the West 2nd and West 3rd Street frontages. The proposed
plan shows nine (9) foot buffers/landscape strips along the two (2) street
frontages. Therefore, the applicant is requesting a variance to allow the reduced
street buffers. The plan conforms to the City’s Landscape Ordinance.
The City’s Master Street Plan classifies West 2nd Street as a minor arterial, with
45 feet of right-of-way dedication required. West 2nd Street currently has 60 feet
of right-of-way existing. At the suggestion of staff, the applicant is requesting a
waiver of additional right-of-way dedication for West 2nd Street. The existing
right-of-way should be sufficient, as there are existing buildings within the right-
of-way area to the east and west.
The applicant responded to issues raised at Subdivision Committee by providing
a revised site plan to staff. The revised plan shows driveway access bars/arms,
fencing and signage, as requested by staff. To staff’s knowledge, there are no
outstanding issues associated with the application.
Staff believes the proposed commercial parking lot located on the UU zoned
property at 200 S. Louisiana Street is an appropriate use for this property. The
proposed parking lot will be a private parking lot to serve the Stephens Building
to the north, and may serve other buildings in the area in the future. The
property is located in the downtown area which contains a number of surface
parking lots serving surrounding buildings and uses. The proposed parking lot
use should be compatible with surrounding uses. Staff believes the proposed
commercial parking lot will have no adverse impact on the general area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP, including buffer variance and
waiver of right-of-way dedication for West 2nd Street, subject to the following
conditions:
1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6
of the agenda staff report.
2. Any handicap parking spaces on the site must have an accessible route to
sidewalks as per ordinance and ADA standards.
3. The site will be limited to the signage shown on the proposed site plan. All
signage must be located at least five (5) feet back from property lines.
4. Any site lighting must be low level, shielded and directed into the site.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
6
PLANNING COMMISSION ACTION: (JUNE 20, 2019)
Staff informed the Commission that the applicant submitted a letter to staff on
June 13, 2019 requesting this application be deferred to the August 1, 2019
agenda. Staff supported the deferral request.
The item was placed on the consent agenda and deferred to the August 1, 2019
agenda. The vote was 8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
The applicant submitted a revised site plan to staff on July 16, 2019. The revised
site plan makes two (2) minor changes to the overall parking lot plan. The
applicant has moved the driveway along West 2nd Street from the northwest
corner to near the northeast corner of the overall site. The applicant has also
added a driveway along the West 3rd Street frontage.
Public Works has reviewed the revised site plan and notes support of the
revisions. Staff continues to support the application and recommends approval
as noted on page 5. of the agenda staff report.
PLANNING COMMISSION ACTION: (AUGUST 1, 2019)
Staff informed the Commission that the applicant submitted a letter to staff on
July 25, 2019 requesting this application be deferred to the September 12, 2019
agenda. Staff supported the deferral request.
The item was placed on the consent agenda and deferred to the September 12,
2019 agenda. The vote was 8 ayes, 0 noes, 2 absent and 1 open position.
STAFF UPDATE:
The applicant submitted a revised site plan to staff on August 28, 2019. The
revised plan makes a few minor changes to the overall parking lot plan. The
applicant has removed the proposed parking within the alley right-of-way, along
the west side of the property. The revised plan also moves the proposed
driveway along the W. 2nd Street frontage to the northwest corner of the site. The
revised site plan notes that the overall site will be enclosed with a six (6) foot high
decorative metal fence with brick columns. The applicant also notes that an
historical plaque/marker located on a bench structure at the southeast corner of
the property (not in the right-of-way) will be relocated and placed on one of the
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
7
masonry fence columns near this corner of the property. The revised site plan
contains 100 total parking spaces.
Public Works has reviewed the revised site plan and approves of the revisions.
Staff continues to support the application and recommends approval as noted on
page 5. of the agenda staff report.
PLANNING COMMISSION ACTION: (SEPTEMBER 12, 2019)
The applicant was present. There were no persons present either in support or
opposition. The item was pulled from the proposed consent agenda at the
request of a commissioner. Staff presented the item and a recommendation of
approval as outlined in the “staff recommendation” above.
There were only 7 commissioners present and the chairman offered an
opportunity to defer. The applicant asked if he could know what the issue of
concern was before deciding whether to defer.
Commissioner Berry stated he had seen the buildings being removed from the
property. He stated that action seemed premature. Thomas Pownall, representing
the applicant, stated he had not been involved in that aspect of the project. He
stated his client had purchased the property for the purpose of developing a
parking lot on it. Mr. Pownall stated he wished to go forward with the application.
In response to a question from Commissioner Berry, Mr. Pownall stated the
parking was primarily for Stephens but there could be some spaces available for
others.
Commissioner Berry voiced his concern about the amount of surface parking
downtown and the lack of green space. He stated he could not support this
application.
Commissioner Rahman stated he did not foresee supporting this application.
When again offered the opportunity to defer, Mr. Pownall accepted. A motion
was made and seconded to defer the item to the October 24, 2019 agenda. The
motion was approved by a vote of 7 ayes, 0 noes, 3 absent and 1 open position.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
Lucas Hargraves, Thomas Pownall, Val Tilbury and Joe Rantisi were present,
representing the application. There was one (1) objector present. Staff presented
the application with a recommendation of approval.
Lucas Hargraves addressed the Commission in support of the application. He
noted that one-third of the property was previously a paved parking lot. He
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
8
explained that the proper process was followed in pursuing the conditional use
permit. He further explained that there was a critical need for additional parking
for the Stephens Building which has 700 employees. He noted that the new
parking lot would free up 100 parking spaces within the City’s parking deck. He
explained that the parking lot would be enhanced with landscaping and a metal
fence with masonry columns.
Van Tilbury also addressed the Commission in support. He explained that his
company, East Harding Construction, had done many projects in the downtown
area and had been associated with Stephens for 30 years. He further explained
that his company did an evaluation of the buildings which were previously located
on the site and found asbestos, lead paint, termite damage and structural
damage, and noted that the buildings needed to be taken down. He noted that
the buildings had no historical significance. He also explained that the foundation
for the parking lot had been prepared for future vertical construction.
Mr. Hargraves explained that there were numerous vacant commercial buildings
in the downtown area, and there was a hard time finding tenants.
Ruth Bell addressed the Commission in opposition. She expressed concern with
additional parking lots in the UU zoning district and briefly discussed her concern.
Mr. Hargraves noted that the proposed parking lot would have no adverse impact
on the downtown area.
Commissioner Berry asked why the buildings were torn down prior to the
Commission acting on the CUP application. Mr. Tilbury explained that the
buildings were found to be in disrepair and needed to be taken down. He stated
that there was no intent to circumvent the process.
Commissioner Vogel made comments related to the application and noted that he
thought the applicant would do a good job in developing the property.
Commissioner Thomas expressed concern with losing natural visibility in the
downtown area and the amount of green space in the area.
Mr. Tilbury described Stephens’ past investment in the downtown area and
explained that future vertical construction on this site would depend on the
market.
Commissioner Stebbins noted that the Capitol Hotel parking lot was a very nice
development, and asked if the subject parking lot would be developed like that.
Mr. Hargraves noted that it would, with landscaping and metal fencing.
October 24, 2019
ITEM NO.: A (Cont.) FILE NO.: Z-9423
9
Commissioner Hart explained that parking was very important in the downtown
area. Commissioner Berry made additional comments with request to the UU
portion of the zoning ordinance.
There was a motion to approve the application, as recommended by staff. The
motion passed with a vote of 7 ayes, 3 noes and 1 absent. The application was
approved.
October 24, 2019
ITEM NO.: B FILE NO.: Z-9449
Owner: E. F. and Barbara Crook
Applicant: Eugenia Williams
Location: Northeast corner of Lawson Road
and Beauchamp Road
Area: 1.36 Acres
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Existing Use: Undeveloped
SURROUNDING LAND USE AND ZONING
North – Single family residences and undeveloped property; zoned R-2 and R-7A
South – Undeveloped property and single family residences; zoned R-2
East – Single family residences and two (2) churches; zoned R-2 and C-3
West – Single family residences, church and elementary school; zoned R-2
A. PUBLIC WORKS COMMENTS:
1. Lawson Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline will be required. Due to the
adjacent arterial-arterial intersection of Lawson Road and Beauchamp Rd, an
additional 10 ft. of right-of-way is required to be dedicated for a future right
turn lane. Total dedication is 55 ft. from centerline.
2. Beauchamp Road is classified on the Master Street Plan as a minor arterial.
A dedication of right-of-way 45 feet from centerline will be required.
3. A 75 feet radial dedication of right-of-way is required at the arterial-arterial
intersection of Lawson Road and Beauchamp Road.
4. Remove existing pump island, any structure, and underground storage tanks
shown to be within the future right-of-way. Contact the Regulated Storage
Tank Division of the Arkansas Department of Environmental Quality for
proper removal procedures. Provide clearance of underground storage tank
October 24, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9449
2
removal and soils screening from the Arkansas Department of Environmental
Quality prior to dedication of right-of-way.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Southwest Little
Rock United for Progress Neighborhood Association were notified of the public
hearing.
D. LAND USE ELEMENT:
Planning Division: This request is located in West Fourche Planning District. The
Land Use Plan shows Commercial (C) for this property. This 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 R-2 (Single Family District) to C-3 (General Commercial District)
to allow for future development of a commercial use.
Master Street Plan: To the south of the property is Lawson Road and west of the
property is Beauchamp Road. Both roads are shown as a Minor Arterial on the
Master Street Plan. A Minor Arterial provides connections to and through an
urban area and their primary function is to provide short distance travel within the
urbanized area. Entrances and exits should be limited to minimize negative
effects of traffic and pedestrians on both Beauchamp and Lawson Roads since
they are both a Minor Arterial. 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 II Bike Path shown on Lawson Road. This Bike
Lane provides a portion of the pavement for the sole use of bicycles.
E. STAFF ANALYSIS:
E. F. and Barbara Crook, owners of the 1.36 acre property located at the
northeast corner of Lawson Road and Beauchamp Road, are requesting to
rezone the property from “R-2” Single Family District to “C-3” General
Commercial District. The applicant is requesting C-3 zoning to allow a future
commercial development. The property is located outside the Little Rock city
limits, but is within the City’s Extraterritorial Zoning jurisdiction.
October 24, 2019
ITEM NO.: B (Cont.) FILE NO.: Z-9449
3
The property is currently undeveloped and partially tree covered. The property is
located in an area which is predominantly zoned R-2, containing single family
residences (including manufactured homes) on larger lots and undeveloped
property. There are two (2) church facilities to the east, and a church and
elementary school to the west along Lawson Road.
The City’s Future Land Use Plan designates this property as “C” Commercial.
The requested C-3 zoning does not require a change to the plan.
Staff is supportive of the requested C-3 rezoning. Staff views the request as
reasonable. The property is located at the intersection of two (2) minor arterial
streets. It was previously determined, based on the Future Land Use Plan
designation of “C” Commercial, that commercial zoning would be appropriate at
this corner of the intersection. Staff feels that a future small commercial use will
be a good fit for this property. Staff believes the rezoning of this property to C-3
will have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 12, 2019)
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. There was no further
discussion. The item was placed on the consent agenda and approved for deferral to
the October 24, 2019 agenda. The vote was 6 ayes, 0 noes, 4 absent and 1 open
position.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda for
approval, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
October 24, 2019
ITEM NO.: 1 FILE NO.: Z-9457
Owner: Joseph Gray
Applicant: Joseph Gray
Location: 1700 S. Cedar Street
Area: 0.12 Acre
Request: Rezone from R-3 to R-4
Purpose: To construct one (1) duplex structure
Existing Use: Undeveloped lot
SURROUNDING LAND USE AND ZONING
North – Single family residences and a duplex (across West 17th Street);
zoned R-3 and R-4
South – Single family residences and undeveloped lots; zoned R-3
East – Single family residences and undeveloped lots (across S. Cedar Street);
zoned R-3
West – Paved parking lot, undeveloped lots and an office development;
zoned R-3 and POD
A. PUBLIC WORKS COMMENTS:
1. Cedar Street is classified on the Master Street Plan as a collector street. A
dedication of right-of-way 30 feet from centerline will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Route #3 (Baptist
Medical Center Route) runs along West 12th Street to the north and Route #16
(UALR Route) runs along Charles Bussey Avenue to the south.
October 24, 2019
ITEM NO.: 1 (Cont.) FILE NO.: Z-9457
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the Stephens Area
Faith, Hope, Midway and Love Neighborhood Associations were notified of the
public hearing.
D. LAND USE ELEMENT:
Planning Division: This request is located in I-630 Planning District. The Land
Use Plan shows Residential Low Density (RL) for this property. This category
provides for single family homes at densities not to exceed 6 dwelling units per
acre. Such residential development is typically characterized by conventional
single family homes, but may also include patio or garden homes and cluster
homes, provided that the density remain less than 6 units per acre. The
applicant has applied for a rezoning from R-3 (Single Family District) to R-4
(Two-Family Residential District) to allow for the future development of two
residential units on this parcel. A scattering of two-unit lots it not atypical for this
area with other single R-4 parcels scattered around the general area.
Master Street Plan: To the east of the site is Cedar and it is shown as a
Collector on the Master Street Plan. To the north of the property is 17th Street
it is a Local Street. The primary function of a Collector Road is to provide a
connection from Local Streets to Arterials. The primary function of Local Streets
is to provide access to adjacent properties. Local Streets that are abutted by
non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. These streets may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: There no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
Joseph Gray, owner of the 0.12 acre property located at 1700 S. Cedar Street, is
requesting to rezone the property from “R-3” Single Family District to “R-4” Two-
Family District. The property is located at the southwest corner of S. Cedar
Street and West 17th Street. The applicant is requesting R-4 zoning in order to
construct one (1) duplex structure on the site.
The lot is currently undeveloped. The property is located in an area which is
predominantly zoned R-3, with a scattering of R-4 zoned lots. There are a
number of single family residences, duplexes and vacant lots in this general
area. There is a POD development to the west along S. Elm Street.
October 24, 2019
ITEM NO.: 1 (Cont.) FILE NO.: Z-9457
3
The City’s Future Land Use Plan designates this property as “RL” Residential
Low Density. The requested R-4 zoning does not require a change to the plan.
Staff is supportive of the requested R-4 rezoning. Staff views the request as
reasonable. There are a number of R-4 zoned lots scattered throughout this
general residential area. The proposed R-4 zoning will not be out of character
with the neighborhood and will represent a continuation of the existing zoning
pattern in this general area. Staff believes the rezoning of this property to R-4
will have no adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda for
approval, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
October 24, 2019
ITEM NO.: 2 FILE NO.: LU19-11-02
Name: Land Use Plan Amendment – I-430 Planning District
Location: Northeast Corner of Aldersgate Road and W. 20th Street
Request: Residential Low (RL) to Residential Medium (RM)
Source: Michael Love, Bert Black Service Companies
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from RL, Residential
Low Density to RM, Residential Medium Density. Residential Medium
accommodates a broad range of housing types including single family attached,
single family detached, duplex, town homes, multi-family and patio or garden
homes. Any combination of these and possibly other housing types may fall in
this category provided that the density is between six (6) and twelve (12) dwelling
units per acre.
EXISTING LAND USE AND ZONING:
The amendment area consists of 6 lots. All the lots are undeveloped and wooded
except the most southern lot which has a boarded up single family house on it.
They are all currently zoned as R-2 (Single Family District). The total area of
change is 1 acres ± in size. To the north is a single family house on an R-2 zoned
lot and to the south, across of W. 20th Street are single family houses on R-2
zoned lots. To the west are a partially developed Planned Office Districts (POD),
with one vacant tract and a Planned Development Office (PDO) with office use on
it. To the east are three duplexes developed on three lots of Two Family District
(R-4) two single family homes and a church on three R-2 zoned lots.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The amendment area is currently 6 lots and all are shown as Residential Low
Density (RL) on the Plan. All the lots are undeveloped and wooded except the
most southern lot which has a boarded up single family house and an accessory
building on it. North of the property is shown as Residential Low Density (RL) on
the plan and there is a single family house on it. South of the property is shown
as Residential Low Density and there are Single family houses on them. East of
the property is shown as RL on the plan. Three lots are occupied, with three
duplexes on them. The two lots, to the south of these duplexes, are shown as
RL and occupied with two single family homes. West of the property is shown as
Office (O) and it is occupied by several businesses; an unoccupied office building
College Hunks Moving, and Cross Fit.
October 24, 2019
ITEM NO.: 2 (Cont.) FILE NO.: LU19-11-02
2
On March 18, 2003, by ordinance number 18839, a change was made from
Single Family (SF) to Suburban Office (SO) to the north of W. 18th Street. This
land is currently occupied with offices.
MASTER STREET PLAN:
Aldersgate Road is along the west boundary and shown as a Collector on the
Master Street Plan. To the south is W. 20th Street and shown as a Local Street
on the Master Street Plan. The primary function of a Collector Street is to provide
a connection from Local Streets to Arterials. The primary function of a Local
Street is to provide access to adjacent properties. Local Streets that are abutted
by non-residential zoning/use or more intensive zoning than duplexes are
considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. These streets may require dedication of right-of-way and\or
street improvements for entrances and exits to the site.
BICYCLE PLAN:
There are no bicycle routes the immediate vicinity.
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 northeast of Aldersgate
Road and W. 20th Street. There is a related to rezoning application from Single
Family District (R-2) to Two Family District (R-4). The area is consist of 6 vacant
lots except the very most southern one which is occupied by a single family house
and an accessory building on it. It is currently shown as Residential Low Density
(RL) on Land Use Plan. The request is to amend +1 acres of Residential Low
Density (RL) to Residential Medium Density (RM). The subject area is between a
dominantly residential area and Suburban Office (SO) area, to the southeast of
Interstate 430 & Kanis Road. It is known as Hicks-Interurban area, named after
the first developers’ that plotted the area.
To the north of the amendment area there are 6 more single family lots to W. 18th
Street, three lots are undeveloped. To the west and further north of the W. 18th
Street is mostly developed office areas on Suburban Office (SO) use. Further
October 24, 2019
ITEM NO.: 2 (Cont.) FILE NO.: LU19-11-02
3
north, towards Kanis Road are also office areas shown as Suburban Office land
use. To the northeast of Kanis Road is Baptist Medical Center. To the south of
the subject property is currently mostly occupied Single Family houses on
Residential Low Density use. To the southwest of the subject area is a private
camp area on a +100 acres of Park/Open Space land use.
The Hicks InterUrban area is shown as Residential Low Density (RL) in the future
land use map, except for the northwest corner which is shown as Suburban
Office. This area was changed in March, 18, 2003, from Single Family to SO at
the NW corner of Aldersgate Road and W. 18th Street to establish W.18th Street
as a boundary between residential and non-residential uses. The SO category
was chosen to provide protection of adjacent single-family uses through the use
of Planned Zoning Development.
Over the last decade there has been continuing reclassifications to R-4, Two-
Family zoning scattered around the Hicks Interurban Subdivision. Concerns
have been rising that the density increase, style of development and
undeveloped streets are changing the character of the neighborhood. In spite of
the re-zonings happened in the area over the last decade, the residential land
use pattern haven’t been reflected on Future Land Use map. This request is not
internal to the subdivision as these previous developments have been. The
proposal is along a Collector not a Local Street and there is office zoning and
development facing the proposed site across Aldersgate Road.
Aldersgate Road has been improved along the west side in this location but not
the frontage of the requested area. There is also a hill just south of the
amendment area which would make seeing any vehicles entering Aldersgate
Road from the application area difficult. There is a platted alley in the
subdivision. Access to Aldersgate Road from the application area should be
limited or prevented for safety reasons if the density of development is to
increase.
The impact to the remainder of the neighborhood of the density increase along
Aldersgate Road should be minimal. There already is some attached housing
along with the office uses along the east side of Aldersgate Road north of the
application area. The future development of the area at an increased density
could be seen as a transition from the office west of Aldersgate Road to the
single-family within the Hicks Interurban Subdivision.
NEIGHBORHOOD COMMENTS:
Notices were sent to the John Barrow Neighborhood Assoc., Twin Lakes
Homeowners Association, and Twin Lakes “B” POA. Staff has received no
comments from area residents and neighborhoods.
October 24, 2019
ITEM NO.: 2 (Cont.) FILE NO.: LU19-11-02
4
STAFF RECOMMENDATIONS:
Staff can support the density increase along the Aldersgate Road opposite
non-residential use with limited and preferably no direct access to Aldersgate
Road.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The item was placed on the consent agenda for approval. By a vote of 10 for,
0 against and 1 absent the consent agenda was approved.
October 24, 2019
ITEM NO.: 2.1 FILE NO.: Z-9458
Owner: National Property Holdings, LLC
Applicant: Michael Love
Location: Northeast corner of West 20th Street
and Aldersgate Road
Area: 0.96 Acre
Request: Rezone from R-2 to R-4 (with condition)
Purpose: To construct one (1) duplex structure on each lot.
Existing Use: One (1) single family residence and vacant lots
SURROUNDING LAND USE AND ZONING
North – Single family residences, vacant lots and mixed office uses;
zoned R-2, O-2, O-3 and POD
South – Single family residences and vacant lots; zoned R-2
East – Single family residences and duplexes; zoned R-2 and R-4
West – Office development; zoned PD-O and POD
A. PUBLIC WORKS COMMENTS:
1. Aldersgate Road is classified on the Master Street Plan as a collector street.
A dedication of right-of-way 30 feet from centerline will be required.
2. A 20 feet radial dedication of right-of-way is required at the intersection of
Aldersgate Road and 20th Street.
3. West 20th Street is classified on the Master Street Plan as a residential street.
A dedication of right-of-way 25 feet from centerline will be required.
4. For informational purposes, per Sec. 31-201e(2), residential lots shall take
access from streets other than collector streets within the subdivision.
October 24, 2019
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-9458
2
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Route #3 (Baptist
Medical Center Route) runs along West 12th Street to the north.
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow,
Twin Lakes “A” and Twin Lakes “B” Neighborhood Association were notified of
the public hearing.
D. LAND USE ELEMENT:
Planning Division: This request is located in I-430 Planning District. Residential
Low Density (RL) for this property. This category provides for single family
homes at densities not to exceed 6 dwelling units per acre. Such residential
development is typically characterized by conventional single family homes, but
may also include patio or garden homes and cluster homes, provided that the
density remain less than 6 units per acre. The applicant has applied for a
rezoning from R-2 (Single Family District) to R-4 (Two-Family Residential District)
to allow for future development of two-family structures for the equivalent of a city
block. There is an accompanying Land Use Plan Amendment on this agenda to
change the Use to Residential Medium Density (RM).
Master Street Plan: To the west of the property is Aldersgate Road; it is shown
as a Collector on the Master Street Plan. To the south of the property is 20th
Street, it is a Local Street. The primary function of a Collector Road is to provide
a connection from Local Streets to Arterials. The primary function of Local
Streets is to provide access to adjacent properties. Local Streets that are
abutted by non-residential zoning/use or more intensive zoning than duplexes
are considered as “Commercial Streets”. A Collector design standard is used for
Commercial Streets. These streets may require dedication of right-of-way and
may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
National Property Holdings LLC, owner of the 0.96 acre property located at the
northeast corner of Aldersgate Road and West 20th Street, is requesting to
rezone the property from “R-2” Single Family District to “R-4” Two-Family District.
The property is comprised of six (6) platted lots, Lots 1 thru 6, Block 9, Hick’s
Interubran Addition. The applicant is requesting R-4 zoning in order to construct
October 24, 2019
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-9458
3
one (1) duplex structure on each lot. The applicant is proposing the following
condition for the requested R-4 zoning:
• There will be no direct vehicular access from Aldersgate Road to any of the
six (6) lots. All vehicular access will be from West 20th Street via the platted
alley right-of-way along the east property line.
A single family residence is located on the southernmost lot, with the other five
(5) lots being undeveloped. A platted alley right-of-way (not constructed) is
located along the rear (east) property line of the lots. A mixture of single family
residences and duplexes are located within the residential subdivision to the east
and south. Office uses are located to the west across Aldersgate Road, with
Camp Aldersgate to the southwest. A mixture of office and clinic-type uses is
located to the north.
The City’s Future Land Use Plan designates this property as “RL” Residential
Low Density. The applicant has filed a land use plan amendment applicant to
change to designation of this property to “RM” Residential Medium Density. The
proposed land use plan amendment is a separate item on this agenda.
Staff is supportive of the requested R-4 rezoning. Staff views the request as
reasonable. The property is located in an area of mixed R-2 and R-4 zoning
within the residential portion of this overall area southeast of the Kanis Road/
I-430 intersection. Mixed office and clinical-type uses are located to the west and
north. The requested R-4 zoning will be compatible with the neighborhood and
will represent a continuation of the zoning pattern within this overall area. The
applicant is proposing a condition that there be no direct access to any of the six
(6) platted lots from Aldersgate Road, a collector street. All access will be from
West 20th Street via an alley right-of-way along the east property line of the lots.
Staff believes the rezoning of this property to R-4 will have no adverse impact on
the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested R-4 rezoning, subject to the
following condition as offered by the applicant:
• There will be no direct vehicular access from Aldergate Road to any of the six
(6) lots. All vehicular access will be from West 20th Street via the platted alley
right-of-way along the east property line.
October 24, 2019
ITEM NO.: 2.1 (Cont.) FILE NO.: Z-9458
4
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda for
approval, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
October 24, 2019
ITEM NO.: 3 FILE NO.: LU19-11-03
Name: Land Use Plan Amendment – I-430 Planning District
Location: Northeast Corner Kanis Road and Embassy Suites Drive
Request: Office (O) to Commercial (C)
Source: Marion Scott Foster, City of Little Rock
PROPOSAL / REQUEST:
Land Use Plan amendment in the I-430 Planning District from O, Office to C, Commercial.
Commercial 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 request is to allow for
future commercial development on the site.
EXISTING LAND USE AND ZONING:
The amendment property consists of 2 lots, totaling ±1.3 acres. The lot adjacent to
Embassy Suites Drive is currently vacant and wooded. It is currently zoned as POD,
Planned Office District and 0.5 acres ± in size. The lot to the east is zoned as O-3,
General Office District, and there is a commercial building on it. To the north, east of
Embassy Suites Drive, south of Embassy Suites Hotel is undeveloped land zoned
Planned Commercial Districts (PCD). To the north, west of Embassy Suites Drive is
undeveloped land zoned Planned Office District (POD), and to the east of this POD is
a developed office area on a Planned District Office (PDO) zoning. To the east of the
subject property are 6 lots of undeveloped Single Family District (R-2) along Kanis
Road. To the west of the area is the continuation of the subject undeveloped POD of
amendment property. Further west is an R-2 zoned lot with a Single Family house on
it, and a POD zoned lot with two occupied office buildings on it. Across the street
southeast of Kanis & Centerview Drive is a ± 3.5 acres undeveloped PCD zoned
property, to the southwest of Kanis Road & Centerview Drive is a ± 2.2 acres C-3 zoned
undeveloped lot.
FUTURE LAND USE PLAN AND RECENT AMENDMENTS:
The property is currently shown as Office (O) on both lots, on the plan, the lot adjacent
to Embassy Suites Drive is vacant and wooded, the lot to the east is occupied with a
commercial building on it. North of the property is shown as Office on the Plan to the
both sides of Embassy Suites Drive. To the east are 6 vacant lots shown as Office (O)
on the Plan. To the west to Autumn Road is shown as Office (O). The eastern portion
of this area undeveloped followed by single family house, and two office building at
Autumn Road. To the southeast of Kanis & Centerview Drive is ± 3.5 acres of an
undeveloped Office use, to the southwest of Kanis & Centerview Drive is ± 2.2 acres of
an undeveloped Commercial use (changed from Office in September 2019).
October 24, 2019
ITEM NO.: 3 (Cont.) FILE NO.: LU19-11-03
2
On March 2, 1999, by ordinance number 17951, a change was made from Suburban
Office (SO) to Office (O) to the south of Kanis Road and to the west of Centerview
Drive.
On September 3, 2019, by ordinance 21773, a change was made from O to C to the
southwest of Centerview Drive & Kanis Road.
MASTER STREET PLAN:
Kanis Road is along the south boundary and shown as a Minor Arterial on the Master
Street Plan. Embassy Suites Drive is along the eastern boundary and shown as a
Collector on the Master Street Plan. A Minor Arterial provides connections to and
through an urban area and their primary function is to provide short distance travel
within the urbanized area. Entrances and exits should be limited to minimize negative
effects of traffic and pedestrians on Kanis Road since it is a Minor Arterial. The primary
function of a Collector Street is to provide a connection from Local Streets to Arterials.
These streets may require dedication of right-of-way and may require street
improvements for entrances and exits to the site.
BICYCLE PLAN:
There are no Bicycle facilities shown adjacent to the application.
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 northeast of intersection of Kanis
Road and Embassy Suites Drive. It is currently shown as Office on Land Use Plan. The
property has become one ownership. There is a separate application on this agenda to
abandon the undeveloped right-of-way between the existing two lots to create one lot
for future development. The request is to amend +1.3 acres of Office to Commercial.
The west portion of the property is undeveloped Office and east portion of property is a
vacant hair salon and accessory structure. The site is within a prominent business
center near the intersection of two Interstates. Much of the retail and commercial is in
October 24, 2019
ITEM NO.: 3 (Cont.) FILE NO.: LU19-11-03
3
the northern quadrants along Markham and Chenal Parkway. With Commercial also
shown at the Kanis-Shackleford Roads and Kanis-Bowman Roads Intersections. Large
office areas are along Markham west of I-430, and Kanis Road south I-630. West of
I-430 along Kanis Road is mostly medical related office associated with Baptist
Hospital. East of I-430 is an area built as an Office Park with additional office uses
surrounding it.
Directly northeast, northwest, west, east of the subject property is currently undeveloped
Office land approximately 9 acres in size. Southwest of subject property, southwest of
Kanis and Centerview Drive intersection has recently (September 3, 2019) amended
from Office to Commercial and is currently undeveloped, +2.2 acres. To the south there
is +3.5 acres of undeveloped office land. In addition to these office areas, to the
southwest of the property (east of Bowman Road) there is undeveloped Office and
Commercial land both to the north and south of Kanis Road within the Mixed Office and
Commercial (MOC) shown areas on the Plan.
There are two commercial nodes at the arterial intersections to the west and east. To
the west is the Bowman and Kanis Road intersection with a beverage shop, a Goodwill
Donation Center, a strip mall to the northeast, and a big box retail shop (Lowe’s) to the
northwest of this intersection. To the east is Shackelford and Kanis Road intersection
with a gas station to the southwest, a bank, some restaurants to the southeast, a hotel
and retail to the northwest, and Arkansas Farm Bureau to the northeast of this
intersection.
The total undeveloped Commercial land between Bowman and Shackleford Roads
in that area is approximately +12 acres and these properties are zoned as C-2
Shopping Center and C-3 General Commercial. Another 2-plus acres of undeveloped
Commercial land was recently added at the southwest of Kanis Road/Centerview
Drive and zoned as C-3. These undeveloped commercial areas are to the northwest
and southwest of the Kanis and Shackleford Roads intersection.
To the west is an undeveloped General Commercial (C-3) within the +13 acres of
Mixed Office and Commercial land (MOC), as mentioned previously, southeast of
Bowman & Kanis Roads. In this MOC shown area the remaining +11 acres is zoned
as General Office (O-3). The available undeveloped Office area on the Land Use map
in the vicinity is approximately +16 acres including the amendment area. Two areas
are northeast and northwest of Embassy Suites Drive & Kanis Road (north of the site),
and another is adjacent east of the amendment property. The available vacant Office
and General Office (O-3) zoned areas are more than the available Commercial or
General Commercial (C-3) zoned areas both on the Land Use plan and Zoning Map.
The proposed change to the Land Use Plan would expand a recently created Land
Use area on the Plan. There has been limited to no commercial or office development
along Kanis Road which has remained a two-lane rural road. The city has begun a
October 24, 2019
ITEM NO.: 3 (Cont.) FILE NO.: LU19-11-03
4
public project to widen Kanis Road to Arterial standards, and the intersection
southwest of the amendment area will be signalized.
NEIGHBORHOOD COMMENTS:
Notices were sent to the John Barrow Neighborhood Assoc. Staff has received no
comments from area residents or neighborhood association.
STAFF RECOMMENDATIONS:
Staff recommends approval.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The item was placed on the consent agenda for approval. By a vote of 10 for, 0 against
and 1 absent the consent agenda was approved.
October 24, 2019
ITEM NO.: 3.1 FILE NO.: Z-9460
Owner: City of Little Rock
Applicant: Marion Scott Foster
Location: Northeast corner of Kanis Road
and Embassy Suites Drive
Area: 0.97 Acre
Request: Rezone from O-3 and POD to C-3
Purpose: Future commercial development
Existing Use: Vacant commercial buildings
SURROUNDING LAND USE AND ZONING
North – Undeveloped property and mixed commercial and office uses (along Financial
Centre Parkway); zoned PCD, C-3 and O-3
South – Undeveloped property and office use (across Kanis Road); zoned PCD and C-2
East – Undeveloped property; zoned R-2 and C-2
West – Undeveloped property, single family residence and mixed office and
commercial uses (across Embassy Suites Drive); zoned POD, R-2 and O-3
A. PUBLIC WORKS COMMENTS:
1. Embassy Suites Drive is classified on the Master Street Plan as a collector
street. A dedication of right-of-way 30 feet from centerline will be required.
2. Kanis Road is classified on the Master Street Plan as a minor arterial. A
dedication of right-of-way 45 feet from centerline or to the back of the
retaining wall will be required.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is not located on a Rock Region Metro bus route. Route #3 (Baptist
Medical Center Route) runs along Kanis Road further to the east.
October 24, 2019
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-9460
2
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site and the John Barrow
Neighborhood Association were notified of the public hearing.
D. LAND USE ELEMENT:
Planning Division: This request is located in I-430 Planning District. The Land
Use Plan shows Office (O) for this property. This category represents services
provided directly to consumers (e.g., legal, financial, medical) as well as general
offices which support more basic economic activities. The applicant has applied
for a rezoning from O-3 (General Office District) and POD (Planned Office
Development District) to C-3 (General Commercial District) to allow future
commercial development of the site. There is an accompanying Land Use Plan
Amendment on this agenda to change the Use to Commercial (C).
Master Street Plan: To the south of the property is Kanis Road and it is shown
as a Minor Arterial on the Master Street Plan. To the west is Embassy Suites
Drive; it is shown as a Collector on the Master Street Plan. A Minor Arterial
provides connections to and through an urban area and their primary function is
to provide short distance travel within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on Kanis
Road since it is a Minor Arterial. The primary function of a Collector Road is to
provide a connection from Local Streets to Arterials. These streets may require
dedication of right-of-way and may require street improvements for entrances
and exits to the site.
Bicycle Plan: There no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
The City of Little Rock, owner of the 0.97 acre property located at the northeast
corner of Kanis Road and Embassy Suites Drive, is requesting to rezone the
property from “O-3” General Office District and “POD” Planned Office
Development to “C-3” General Commercial District. The rezoning is requested
for future commercial development.
The property contains two (2) small vacant commercial buildings and small areas
of paved parking within the east half of the overall property. The west half of the
property is undeveloped and contains an old right-of-way which is in the process
of being abandoned. The property is located in an area of mixed uses and
zoning, including undeveloped property. Undeveloped property and mixed
October 24, 2019
ITEM NO.: 3.1 (Cont.) FILE NO.: Z-9460
3
commercial and office uses are located to the north along Financial Centre
Parkway. Undeveloped property and office uses are located to the south, across
Kanis Road. Mixed office and commercial uses and zoning, including a single
family residential structure, are located across Embassy Suites Drive to the west.
Undeveloped property, zoned R-2 and C-2, are located to the east.
The City’s Future Land Use Plan designates this property as “O” (Office). The
applicant has filed a land use plan amendment application to change the
designation of this property to “C” (Commercial). The proposed land use plan
amendment is a separate item on this agenda.
Staff is supportive of the requested C-3 rezoning. Staff views the request as
reasonable. The property is located in an area of mixed commercial and office
uses and zoning along Kanis Road. The property is located at a Minor
Arterial/Collector Street intersection. Kanis Road is currently being constructed
to a five (5) lane roadway adjacent to this property. This will be a signalized
intersection when the construction is complete. Additionally, the southeast and
southwest corners of this intersection are zoned commercial (PCD and C-3).
Given this current situation, staff feels that C-3 zoning for this property is
appropriate. Staff believes the rezoning of this property to C-3 will have no
adverse impact on the adjacent properties or the general area.
F. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda for
approval, including all staff comments and conditions. The vote was 10 ayes, 0 noes
and 1 absent.
October 24, 2019
ITEM NO.: 4 FILE NO.: G-23-471
Name: Exclusive Right-of-Way and Easement Abandonment for an undeveloped
30 foot unnamed right-of-way located north of Kanis Road, east of Embassy
Suites Drive.
Location: North of Kanis Road, east of Embassy Suites Drive
Owner: City of Little Rock
Applicant: Marion Scott Foster, Arkansas Surveying and Consulting
Request: To abandon the right-of-way and easement rights for a 30 foot undeveloped
and unnamed right-of-way located north of Kanis Road, east of Embassy
Suites Drive.
STAFF REVIEW :
A. Public Need for This Right-of-Way:
There is no public need for this right-of-way. The right-of-way was never
developed. Embassy Suites Drive is located just to the west.
B. Master Street Plan:
There are no Master Street Plan issues. Kanis Road is now being improved by
the City.
C. Characteristics of Right-of-Way Terrain:
Portions of the right-of-way are lightly wooded. Other areas have until recently
be used as a driveway to access the business that was located on the property
adjacent to the east. That business has left the property which is now owned by
the City.
D. Development Potential:
As a result of property acquisitions associated with the Kanis Improvement
project, the City now owns the properties to the east and west of the right-of-way.
Abandoning the right-of-way will allow for the joining and marketing of the overall
property. A proposal to zone the overall property to C-3 is a separate item on
this agenda.
October 24, 2019
ITEM NO.: 4 (Cont.) FILE NO.: G-23-471
2
E. Neighborhood and Land Use Effect:
Abandoning the right-of-way will have no effect on the neighborhood and area
land use as the right-of-way was never developed or used.
F. Neighborhood Position:
No portion has been voiced. No other property owners are involved. Notice was
sent to the John Barrow Neighborhood Association.
G. Effect on Public Services or Utilities:
All utilities and Public Works approve the exclusive right-of-way abandonment
with no retention of easement rights.
H. Reversionary Rights:
The right-of-way was dedicated through the plat of West Highlands Subdivision
recorded in Book 1, Page 273. Reversionary rights extend to the owner of the
abutting properties, the City of Little Rock.
I. Public Welfare and Safety Issues:
The right-of-way does not contain a street and is not used for access to any
properties. The abutting properties are accessed from Kanis Road and Embassy
Suites Drive.
STAFF RECOMMENDATION:
Staff recommends approval of the exclusive abandonment of the undeveloped, unnamed
30 foot right-of-way located between Lots 58 and 59, West Highlands Subdivision as
recorded in Book 1, Page 273 with no retention of any easement rights.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
October 24, 2019
ITEM NO.: 5 FILE NO.: G-23-472
Name: Scenic Blvd. exclusive right-of-way and easement abandonment located at
55 Scenic Blvd.
Location: Located entirely within the applicant’s property at 55 Scenic Blvd., at the end
of the existing Scenic Blvd.
Owner: Scenic, LLC
Applicant: Michael Goswami, Rose Law Firm
Request: To abandon the right-of-way and easement rights for a 50 foot right-of-way
located entirely within the property located at 55 Scenic Blvd., Pulaski
County Tax Parcel ID 33L0120004600 to a point 25 ft. north of the south
boundary of said tract.
STAFF REVIEW :
A. Public Need for This Right-of-Way:
There is no public need for this right-of-way. The right-of-way was never
developed. The area through which the right-of-way extends is proposed to be
developed as a single home site. The right-of-way provides access to no other
property.
B. Master Street Plan:
There are no Master Street Plan issues. The right-of-way is classified as a local
street.
C. Characteristics of Right-of-Way Terrain:
The right-of-way was never developed as a street. A private drive, generally
within the area of the right-of-way, serves the property.
D. Development Potential:
The applicant proposes to develop the entirety of the property through which the
right-of-way extends as a single home site.
October 24, 2019
ITEM NO.: 5 (Cont.) FILE NO.: G-23-472
2
E. Neighborhood and Land Use Effect:
There will be no effect on the neighborhood or area land use. The right-of-way is
not used by the public and provides access to no other property.
F. Neighborhood Position:
No position has been voiced. No other property owners are involved. Notice
was sent to the Heights Residents Association and the two owners of properties
that have a corner relationship to the proposed abandonment.
G. Effect on Public Services or Utilities:
All utilities and Public Works approve the exclusive right-of-way and easement
abandonment. Entergy and Little Rock Water Reclamation Authority have
requested the subsequent dedication of an easement for facilities they have
within the parcel and which cross portions of the right-of-way proposed for
abandonment.
H. Reversionary Rights:
The right-of-way was dedicated through the plat of Scenic Heights Addition filed
for record in Pulaski County on November 28, 1950 and recorded on Plat Book 4,
Page 235 of the Pulaski County Real Estate records on November 29, 1950.
Reversionary rights are not specified but the right-of-way is located entirely within
the applicant’s property.
I. Public Welfare and Safety Issues:
The right-of-way does not contain a street and is not used for access to any
properties other that tract owned by the applicant.
STAFF RECOMMENDATION:
Staff recommends approval of the exclusive abandonment of the undeveloped 50 foot
Scenic Blvd. right-of-way located within the property located at 55 Scenic Blvd., Pulaski
County Tax Parcel ID 33L0120004600 as recorded in Plat Book 4, Page 235 to a point
25 ft. north of the south boundary of said tract with no retention of any easement rights
subject to the specific requested easements being granted to Entergy and Little Rock
Water Reclamation Authority.
October 24, 2019
ITEM NO.: 5 (Cont.) FILE NO.: G-23-472
3
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the “staff recommendation” above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff, including all staff comments and conditions. The
vote was 10 ayes, 0 noes and 1 absent.
October 24, 2019
ITEM NO.: 6 FILE NO.: Z-9459
NAME: Little Rock Compassion Center Homeless Shelter –
Conditional Use Permit
LOCATION: 3821 West Roosevelt Road
OWNER/APPLICANT: Little Rock Compassion Center/Owner
Ralph “Win” Wilson III/Authorized Agent
PROPOSAL: A conditional use permit is requested to allow for use
of the existing building on this R-3 zoned property as
a homeless shelter
1. SITE LOCATION:
The site is located on the south side of Roosevelt Road, just east of its
intersection with Asher Avenue. The property was formerly owned by the
State of Arkansas and is located within the larger tract which contains
several State-occupied structures.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within an area of mixed uses and zoning. The
building is one of several on the larger tract which contains several State-
occupied structures. The site has a lengthy history of occupancy by
institutional uses, including the former State penitentiary. A variety of
commercial uses are located along either side of Roosevelt and Asher. A
larger area of industrial zoning and uses extends to the south and west of
the site. The Little Rock Compassion Center homeless shelter is located
across Roosevelt Road and to the east. The property is located on an
arterial street and has access to services and facilities to serve the
proposed population of the shelter.
3. ON SITE DRIVES AND PARKING:
Access to the site is via a paved driveway within an access easement from
Roosevelt Road. Twenty-six (26) parking spaces are indicated on-site, with
an additional eleven (11) spaces being located adjacent to the site, off of
the access easement. As is it likely the majority of persons utilizing the
services of the homeless shelter will not be driving, the existing parking
should be sufficient for the use. Additional parking is located across
Roosevelt, at the existing compassion Center site, if needed.
October 24, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9459
2
4. SCREENING AND BUFFERS:
1. Any new site development must comply with the City’s minimal
landscape and buffer ordinance requirements and the Chenal Overlay
District.
2. Any new building rehabilitation or expansion may require the existing
landscaping, buffer, or vehicular use areas not meeting the current
code requirements to be brought into compliance. Existing vehicular
use areas may continue as nonconforming until such time as a building
permit is granted to enlarge or reconstruct a structure on the property
exceeding ten (10) percent of the existing gross floor area. At such
time ten (10) percent of the existing vehicular use area shall be
brought into compliance on a graduated scale.
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: No comments.
6. UTILITIES/FIRE DEPARTMENT/BUILDING CODES:
Little Rock Reclamation Authority: Sewer Available to this site. FOG
analysis required if foodservice on site. Capacity Fee analysis required.
Entergy: Entergy does not object to this proposal. There does not appear
to be any conflicts with existing electrical utilities at this location. This
building has existing service. Contact Entergy in advance to discuss
electrical service requirements, or adjustments to existing facilities (if
any) as this project proceeds.
Centerpoint Energy: No comment received.
AT&T: No comment received.
Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water
requirements in effect at the time of request for water service must be met.
October 24, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9459
3
Fire Department:
Full plan review
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.
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 a change of occupancy to an I-1. Fire Sprinkler
and Fire Alarm are required. Evaluation must take place for changes
required for egress, restrooms, emergency lighting, and handicap access.
7. TRANSPORTATION/PLANNING:
County Planning: No comments.
Rock Region METRO: No comments submitted. The site is located on a
Rock Region Metro bus route (#14).
October 24, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9459
4
Planning Division: No comments.
SUBDIVISION COMMITTEE COMMENT: (October 2, 2019)
The owners and authorized agent were present. Staff presented the item and
noted some additional information was needed on the proposed facility. The
applicants were asked to provide a more complete description of activities
proposed for the site. Staff asked the number of beds proposed for the site. The
applicants were asked to provide information on staffing and security for the
shelter. Staff noted signage should be as allowed in office and institutional zones
and any dumpster would have to be located and screened as required by code.
The applicants were asked to describe access to support services such as social
service agencies, employment agencies and medical service providers.
Comments from the other reviewing departments and agencies were noted.
The applicants were advised to submit responses to staff questions by October 9,
2019. The committee determined there were no other issues and forwarded the
item to the full commission.
STAFF ANALYSIS:
Little Rock Compassion Center is requesting approval of a conditional use permit
to allow for use of the building and property at 3821 W. Roosevelt road as a
homeless shelter. Section 36-104 (a) of the zoning ordinance states a homeless
shelter requires a conditional use permit in all zoning districts. The building
previously housed the offices of the State of Arkansas Forestry Commission. The
tract was once part of a 12 +/- acre tract which housed several state agencies
and facilities. The overall tract has a 100 + year history of institutional State use,
including the state prison beginning in the early 1900’s. The state sold this 1.5
acre tract and 7,665 square foot building to the Compassion Center earlier this
year (2019). The State maintains ownership of the remainder of the property and
buildings which are occupied for use by state agencies. Access to the subject
tract is via an access easement off of Roosevelt Road. In addition to the building,
the site contains asphalt-paved parking.
The applicant submitted responses to the questions raised by staff at subdivision
committee. The property is to be used as a shelter as well as to provide meals.
The current intent is for the building to house women and children. Men will
continue to be housed at the existing Compassion Center shelter. The
Compassion Center will also offer classes on life skills such as home economics,
budgeting, parenting and bible studies on the premises. The location will also
October 24, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9459
5
have a day care facility with a certified worker on duty when mothers are in class
or looking for a job. The facility is proposed to have 75 beds. The building will be
staffed twenty-four hours a day, as is the current shelter. All doors to the building
already have locking systems in place. The intent is to add a metal detector and
camera system to the property similar to what is in place at the Compassion
Center building across the street. Signage will be as allowed in office and
institutional zones. A wall sign may be located at the building entrance. A
dumpster will be located at the west end of the building. It is to be screened as
required by the code.
The Compassion Center provides information to persons on all service providers
and is able to provide and assist with transportation to those providers, if needed.
There will be offices inside the building for service providers such as Department
of Human Services to meet with and interview persons when necessary. In
connection with its facility across the street, the Compassion Center already
works with and helps most service providers.
The Code does not establish specific development criteria for homeless shelters.
Section 36-107 (15) states separation, spacing and procedural requirements for
homeless shelters will be determined by the planning commission (when
reviewing a proposed conditional use) so as not to adversely impact the
surrounding properties and neighborhood. Unless the commission determines
differently, a neighborhood shall be defined as an area incorporating all
properties lying within one thousand five hundred (1,500) feet of the site for
which the CUP is requested. In addition to the typical development standards
and review standards established for CUP’s, issues that the commission will
consider during its review of proposed homeless shelters include, but are not
limited to:
a. Spacing of similar facilities.
b. Existing zoning and land use patterns.
c. The maximum number of individuals proposed to be served, the number
of employees proposed and the type of services being proposed.
d. Provisions for readily accessible public or quasi-public transportation.
e. Access to support services such as social services agencies, employment
agencies and medical service providers.
Staff is supportive of the proposed re-use of this institutional building for the
Compassion Center homeless shelter.
October 24, 2019
ITEM NO.: 6 (Cont.) FILE NO.: Z-9459
6
STAFF RECOMMENDATION:
Staff recommends approval of the requested CUP subject to compliance with the
comments and conditions outlined in Sections 4, 5 and 6 and the staff analysis in
this agenda staff report.
PLANNING COMMISSION ACTION: (OCTOBER 24, 2019)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the “staff recommendation”
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff, including all staff comments and
conditions. The vote was 10 ayes, 0 noes and 1 absent.
BYLAWS
OF
LITTLE ROCK PLANNING COMMISSION
OUTLINE
Page No.
ARTICLE I. PURPOSE OF THE BYLAWS .............................................................. 1
ARTICLE II. COMPOSITION OF THE COMMISSION ............................................ 1
A. Members and Terms ................................................................... 1
1. Per Ordinance
2. Vacancies
3. Resignations/Expulsion
B. Officers ...................................................................................... 1
1. Chair and Vice-Chair
a. Term of Office
b. Absence of Chair
c. Committee Appointments
d. Document Signing
2. Secretary
a. Secretary Position Holder
b. Responsibilities
c. Attendance
ARTICLE III. COMMITTEES..... ................................................................................ 2
A. Standing Committees/Creation and Composition ........................ 2
1. Subdivision Committee
2. Plans Committee
B. Special Committees .................................................................... 3
C. Advisory Committees ................................................................. 3
D. Committee Projects .................................................................... 3
OUTLINE
(Continued)
Page No.
ARTICLE IV. MEETINGS ... ....................................................................................... 3
A. Regular Meetings ....................................................................... 3
1. Date
2. Time
3. Place
4. Notices
a. To the Commissioners
b. To Affected Parties
1) Legal Notice
2) Supplemental/Rezoning
3) Supplemental/Subdivision
4) Supplemental/Cond. Use/Tower Permits
5) Zoning Site Plan/Subdivision Site Plan
6) Posting Signs
7) Notice on Amended Rezoning
Applications
B. Called Meetings ......................................................................... 6
C. Adjourned Meetings ................................................................... 6
D. Informal Meetings ...................................................................... 6
ARTICLE V. CONDUCT OF BUSINESS .................................................................. 6
A. Order of Agenda ........................................................................ 6
B. Order of Public Hearing ............................................................. 7
C. Standard Rules of Procedure ...................................................... 7
OUTLINE
(Continued)
Page No.
D. Special Rules of Procedure ......................................................... 7
1. Quorum
2. Vote and Proxy
3. Motion and Voting
4. Majority Vote
a. Simple Majority
b. Final Action
c. Automatic Deferrals
5. Conduct of Public Hearing
E. General Policies ......................................................................... 8
1. Formal Action
2. Closing of Docket
3. Open Meetings
4. Public Hearings
5. Public Records
6. Zoning Calendar
7. Reconsideration
8. Withdrawals
9. Deferrals
10. Applicant Attendance
11. Precedents
12. Dissent
13. Waiver of Bylaws
ARTICLE VI. AMENDMENTS...... ............................................................................. 11
1
LITTLE ROCK PLANNING COMMISSION
(Authorized pursuant to the Little Rock Code of Ordinances as amended.)
ARTICLE I. PURPOSE OF THE BYLAWS
It is the intent of these BYLAWS to prescribe the organization of the Little Rock Planning
Commission and to establish orderly, equitable and expeditious procedures for the conduct of
its affairs to the end that all may be informed and the public well served.
ARTICLE II. THE COMMISSION
A. Members and Terms
1. The membership and the terms of service shall be as stipulated by Ordinance.
2. Members who are appointed to fill vacancies for unexpired terms shall join
the Commission at the next meeting following their appointment and
confirmation.
3. When a member of the Planning Commission has missed more than 25% of
all regular meetings of that calendar year or more than three (3) consecutive
regularly scheduled meetings, then such a person is automatically removed
from such position unless, prior to the next scheduled meeting of the City
Board of Directors, the member submits in writing his/her desire to remain on
the Commission; then the City Board of Directors, by a majority vote, shall
allow the member to continue to serve.
B. Officers
1. The Chair and Vice-Chair
a. The offices of Chair and Vice-Chair shall be filled for terms of one
year each. The Chair, and likewise the Vice-Chair, may succeed
themselves one time in their particular office.
b. The Chair shall preside at all meetings and hearings of the
Commission. In the event of the absence or disability of the Chair, the
Vice-Chair shall preside. In the event of the absence or disability of
both the Chair and Vice-Chair at any meeting, the Commission may
select an acting chair by majority vote of members present.
c. The Chair shall present to the Commission for its approval the names
of all persons appointed to committees established by the Commission.
The Chair shall designate one member of such Committee to serve as
the Committee Chair.
d. The Chair shall sign all approved minutes, and when authorized, other
documents on behalf of the Commission.
2
2. Secretary
a. The office of Secretary shall be held ex-officio by the Director of the
Planning staff or designated representative.
b. The Secretary shall attend all meetings of the Commission and shall be
responsible for:
(1) Keeping the minutes of each meeting.
(2) Carrying on routine correspondence.
(3) Maintaining the files of the Commission.
(4) Maintaining a record of the rules and regulations of the
Commission.
(5) Current membership of the Commission with their terms of
office.
(6) Maintaining a record of the organization of the Commission
and its staff.
(7) Preparing the agendas of items to be considered at a meeting.
(8) Attesting documents of the Commission.
c. The Secretary shall attend all Committee meetings and shall serve as
the Secretary of all standing and technical advisory committees and, at
the discretion of the Chair of all special committees. The Secretary
shall advise the Committee on request.
ARTICLE III. COMMITTEES
A. Standing Committees - Standing Committees may be created by the Planning
Commission and charged with such duties as the Commission deems necessary or
desirable. Such Committees shall be composed of two or more Commissioners, but
less than a quorum of the full Commission, and shall hold membership for one year or
until succeeded.
1. The Subdivision Committee shall be composed of five (5) members appointed
by the full Commission and include Planning Commission members only. The
Committee shall act as a review body for all conditional use, site plan and
planned zoning development issues in addition to platting matters.
2. The Plans Committee shall be composed of five (5) members appointed by the
full Commission and include Planning Commission members only. The Plans
Committee shall act as a review body for all master plan elements, ordinance
amendments and other project activities as may occur from time to time as
referred by the Planning Commission.
3
B. Special Committees - Special Committees may be created in the same manner and
under the same conditions as Standing Committees, except that the Chair shall also
designate a date for the submission of the Committee's final report. Special
Committees shall be dissolved when their particular function or task has been
completed. No Special Committee shall exist for a term of more than twelve (12)
consecutive months, except by the direction of the Commission.
C. Advisory Committees - The Commission may create such Advisory Committees as
it deems necessary or desirable. Each Advisory Committee shall be composed of at
least one Commissioner and other officials and private citizens in a number
determined by the Commission. Generally, members shall be private, professional or
technical representatives, public officials working on the problems with which the
committee is concerned, and lay individuals who have special interest or experience
with such problems.
D. Committee Projects - Committees shall receive assignments from the full
Commission and shall not assume any role or task or call public meetings, unless a
majority of the full Commission approves.
ARTICLE IV. MEETINGS
A. Regular Meetings
1. Date - The Commission shall, at the last regular meeting of each year, adopt
a calendar of regular meeting dates for the forthcoming year as required by
ordinance.
2. Time - The Commission shall meet regularly as indicated by the adopted
calendar.
3. Place - The Commission shall meet regularly in the Board of Directors'
Chamber or such other places as directed by the Chairman.
4. Notices:
a. To the Commissioners - The mailing of a copy of the agenda to each
Commissioner one week prior to the date set for a meeting shall constitute
notice of such meeting. On the morning of the day of a meeting, each
Commissioner shall be reminded of the meeting by telephone by the
Secretary.
b. To Affected Parties - Notice to affected parties shall be provided as
specified in paragraphs (1) through (6) below. Relative to paragraphs (2)
through (6), requiring supplemental notice to neighboring property
owners, the mailing of notice to the names and addresses that an applicant
has obtained from an abstract company shall be considered adequate
notice. If an applicant fails to provide the supplemental notice required
herein, the Planning Commission shall defer action on such application
until supplemental notice has been adequately provided, except as
provided in these Bylaws at Article V.E.8.
The applicant shall use the notice form provided by staff. If multiple
properties are being proposed for consideration under a single application,
4
the applicant shall include with the notice form a map which indicates the
subject properties. The map shall be provided by staff.
(1) Legal Notice - Notice of public hearing on plans, regulations,
ordinances or amendments thereto shall be published in a local
newspaper of general circulation one time at least fifteen (15)
days prior to said hearing as required by law.
(2) Supplemental Notice of Rezoning - Before a hearing, the
applicant shall submit proof that at least fifteen (15) days
notice of the Commission's hearing has been given to all
property owners within two hundred (200) feet of any tract for
which rezoning has been petitioned. The Secretary shall give
fifteen (15) days written notice of a Commission hearing to all
property owners within two hundred (200) feet of any tract less
than one (1) block in area being considered for rezoning on the
Commission's own motion.
If a tract proposed for rezoning by the Commission exceeds
one block in area, the Secretary shall prepare a sketch of the
proposal for newspaper publication and no other notice by the
Commission to affected parties shall be required.
The planning staff shall provide mail notice to property owners
associations or individuals representing neighborhoods.
Proof of notice is to be filed with the staff of the Planning
Office at least six days prior to the public hearing.
(3) Supplemental Notice of Subdivision Hearing - Before a
hearing, the applicant shall submit proof that at least fifteen
(15) days notice of the Commission's hearing has been given to
all property owners abutting the boundary of all subdivision
plats, including those directly across streets or alleys. The
applicant may utilize one of the following procedures: 1) A
walk-around notice supplied by the Planning and Development
Department with the applicant determining the ownership of
parcels; 2) a certified mail notice to owners utilizing the
provided form letter and a list from an abstract firm taken from
the tax records.
The planning staff shall provide mail notice to property owners
associations or individuals representing neighborhoods.
Proof of notice is to be filed with the staff of the Planning
Office at least six days prior to the public hearing.
(4) Supplemental Notice of Conditional Use Permits, Special Use
Permits and Tower Use Permits - Before a hearing, the
applicant shall submit proof that at least fifteen (15) days
notice of the Commission's hearing has been given to all
property owners within two hundred (200) feet of any tract for
which a permit has been petitioned.
5
The staff shall provide mail notice to property owners
associations or individuals representing neighborhoods.
(5) Supplemental Notice of zoning site plan review and
subdivision site plan review – Before a hearing, the applicant
shall submit proof that at least fifteen (15) days notice of the
Commission’s hearing has been given to all property owners
within two hundred (200) feet of any tract for which an
application has been filed.
The staff shall provide mail notice to property owners
associations or individuals representing neighborhoods.
The applicants’ proof of notice is to be filed with the staff of
the Planning Office at least six (6) days prior to the public
hearing.
(6) Supplemental notice of Land Alteration appeal or variance.
Certified mail notice shall be given by the applicant to adjacent
property owners, including those across a street or alley from
the subject property, at least ten (10) days prior to the planning
commission meeting at which the appeal or variance request is
to be considered. At least three (3) business days prior to the
hearing, the appellant shall provide proof of notice to the
director of public works. Failure to provide the required notice
will cause the appeal to the planning commission to be
dismissed, although minor irregularities in the giving of notice
may be waived by the commission.
(7) All properties involved in rezoning, conditional use permit,
tower use permit, zoning site plan review, subdivision site plan
review, special use permit, land alteration appeal or variance or
Planned Unit Development applications shall be posted with a
sign as follows:
1. Sites less than one acre in area - a sign 11" x 17";
2. Sites one acre to 10 acres in area - a sign 22" x 34";
3. Sites larger than 10 acres in area - a sign 4' x 4'.
These signs shall be provided by the Staff to applicants at the
cost specified by the Fee Ordinance No. 18,622 (December 18,
2001). These signs shall be posted on the site at least thirty
(30) days prior to the meeting date. The signs are to remain
posted on the property through the date of the Planning
Commission hearing. Staff shall visually verify that the
required sign has been posted on the property.
(8) Notice of Amended Rezoning Applications - If an application
for rezoning is amended to a more restrictive zoning
classification by the applicant or the Commission at a
Commission meeting, the Commission may, by majority vote
of the members present at the meeting, waive the requirements
6
for supplemental notice of the more restrictive zoning change
to property owners within two hundred (200) feet of the tract,
waive posting of a notice on the property, and waive the
filing fee.
B. Called Meetings - Special meetings may be called by the Chair, or at the request of
the Secretary, or by a quorum of the Commissioners, or by a majority of those present
at a regular or called meeting. Notice of such meeting shall be given as prescribed for
a regular meeting, unless such called meeting is to be held within less than three (3)
days, in which case, notice by telephone call shall suffice. Announcement of a
special meeting at any meeting at which all members are present shall be sufficient
notice of such meeting. Under extraordinary conditions, an emergency meeting may
be called at the direction of the Chair - by telephone and without other notice.
C. Adjourned Meetings - Where all applications cannot be disposed of on the day set,
the Commission may adjourn from day-to-day or as necessary to complete the
hearing of all items docketed. A majority vote of those present shall be required to
adjourn.
D. Informal Meetings - The Commission may, at any time, meet in an informal
meeting to discuss any and all matters or to confer with staff members. No official
public business shall be transacted during such informal meetings, but notice to all
Commissioners of such meetings shall be required.
ARTICLE V. CONDUCT OF BUSINESS
A. Order of Agenda - All public hearings shall be conducted in accordance with the
agenda which shall enumerate the topics and cases in the following sequence:
1. Chairman Announces all citizen communication cards must be submitted prior
to roll call.
2. Roll Call
23. Finding of a quorum
34. Approval of previous minutes as mailed
45. Old Business
56. New Business
67. Citizen Communication
78. Adjournment
B. Order of Public Hearing - All applications or filings for public hearing shall be heard
by the Commission as follows:
1. The Chair presents an brief overview of the proceedings to follow, including
any concern about quorum and voting. Chairman announces all citizen
communication cards shall be submitted prior to roll call. All citizen
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7
communication cards shall be submitted to Secretary of the Planning
Commission
8
2. The Chair directs staff to present the consent agenda, which shall include all
items to be voted on at one time. Once an item is voted within the consent
agenda, it is approved and no further discussion on that item is allowed,
except during citizen communication.
3. Following the conclusion of all proceedings involving the consent agenda, the
Chair shall direct staff to present the first item on the regular agenda.
4. The staff will briefly present the request along with information update and
the staff recommendation.
5. The petitioner or applicant will then be recognized by the Chair. A total of
twenty (20) minutes shall be allotted for presentation. The applicant may
reserve a portion of that twenty (20) minutes to respond to issues and concerns
raised by objectors and other interested parties.
6. The Chair will then recognize objectors or interested property owners. A total
of twenty (20) minutes shall be allotted for presentation.
7. At the conclusion of presentations, the Chair will submit the application to the
Commission for discussion. At this time the commissioners may request
individual speakers be recalled for questions. There will be no time limit
assessed for commission discussion or questioning.
8. Rebuttals or any interruptions shall not be permitted. Any violation of this rule
will result in a single warning and then the citizen is subject to ejection from
the public meeting.
9. The Chair shall present the request for a motion.
10. Commission motion and vote.
11. Additional motions as may be required shall be placed in the positive.
C. Standard Rules of Procedure - Parliamentary procedure shall be followed by the
Planning Commission. Procedural provisions of these BYLAWS may be suspended
with the consent of three fourths (3/4) of those Commission members present.
D. Special Rules of Procedure:
1. Quorum - A quorum for the transaction of business shall be six (6) members
as stipulated by ordinance.
2. Vote and Proxy - Each Commissioner, including the Chair, shall be entitled
to one (1) vote. No Commissioner shall cast a vote for another Commissioner
by proxy. Any member of the Commission who shall have an economic
interest in any property or decision relating to such property, which shall be
the subject matter of, or affected by, a decision of the Commission shall be
disqualified from participating in the public discussion or proceedings in
connection therewith. In the event that any member of the Commission is
uncertain as to whether or not a conflict of interest exists, that member should
obtain an opinion from the Office of the City Attorney before either
participating in the discussion or voting on the rezoning application or
subdivision matter in question.
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3. Motion and Voting - Any matter of business requiring action by the Commission
may be presented by oral motion, and the members present may vote thereon
by simple voice vote. In case of split vote, the Chair may ask for a show of
hands. The minutes shall indicate voting to be "denied" or "passed" and the
name of any abstainer. Voting on election of officers in which there is a
contest shall be by a show of hands.
4. Majority Vote
(a) A simple majority of those members present at a meeting shall be
sufficient to approve any administrative or procedural action.
(b) An approval or a denial of an issue shall constitute final action. A
majority vote of the full Commission shall be required in order to take
final action on any issue requiring Planning Commission approval at a
public hearing.
(c) In those instances where no action is required by the Board of
Directors and the action before the Commission fails to receive the
required six (6) votes, the request shall be declared to be denied.
Actions requiring the City Board of Directors approval which receive a
positive vote from the majority of members present but which fail to
receive the required six (6) commission votes, shall be forwarded to
the Board of Directors with a recommendation of denial. The minute
record of the hearing and the Board of Directors’ communication shall
reflect the motions and voting on the matter so as to fully convey to
the Board the Planning Commission record for such matters. Actions
requiring the City Board of Directors approval which fail to receive a
positive vote from the majority of members present and which fail to
receive the required six (6) votes either for approval or denial shall be
declared to be denied. Such matters may be appealed to the Board of
Directors by the applicant.
5. Conduct of Public Hearing
Public hearings shall be conducted informally, and the Chair shall make all
rulings and determinations in accordance with all laws, codes, and ordinances
that apply, regarding the admissibility of the evidence, the scope of the
inquiry, the order in which evidence, objections and arguments shall be heard,
and other like matters, except that any member shall be privileged to make
inquiries personally and to call for a vote on any ruling of the Chair with
which he does not agree, whereupon the vote shall determine the effective
ruling. It shall be the purpose of the Chair to expedite all hearings, confining
them to the presentation of only essential matters in the interest of saving
time, but entertaining the presentation of sufficient matter to do substantial
justice to all concerned.
E. General Policies
1. Formal Action - No request for advice, or moot question may be acted upon
formally by the Commission.
2. Closing of Docket - No application for a change in zoning, subdivision plat
approval, etc. shall be submitted to the Commission, or prepared by the
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Secretary for submission, unless the same has been filed in the required
fashion and no later than the docket date established by the adopted calendar.
The staff shall investigate and consider each application, advertise the hearing,
and present its findings, on the basis of neighborhood rather than an individual
site basis.
3. Open Meetings - All meetings of the Commission shall be open to the public
as required by law.
4. Public Hearings - All items for which Commission action is required by law
or ordinance shall be made the subjects of open public hearings, and after
public notice as prescribed by law or ordinance.
5. Public Records - All minutes of Commission meetings and all petitions,
applications, reports and other documents on which action has been taken by
the Commission shall be open to the public and available for inspection at
reasonable times.
6. Zoning Calendar - All items that require Planning Commission review shall
be considered only at a regular and scheduled meeting date. Applications
recommended for approval by the Planning Commission that require Board of
Directors action will be forwarded by the Secretary to the Board of Directors
for consideration. Applications that require Board of Directors approval and
that are recommended for denial by the Planning Commission will not be
automatically referred to the Board of Directors,. All applicants will be
notified of the procedure for appeal. Other persons who desire to appeal a
decision shall be notified of the proper procedure upon request.
7. Reconsideration of DeniedExpunging, Reconsideration, Reapplication, or
Amended Applications:
a. Expunging Action - The Commission may, when it deems necessary
and for cause, expunge any motion and subsequent action in order to
introduce a substitute motion for other action. The motion to
accomplish such shall be made immediately and preceding the
introduction of the next item of business on that agenda. When an
item has been voted on and passed over for the next item of business,
it shall not be recalled at the meeting for further action.
b. Reconsideration - Except for cause and with the unanimous consent
of all members present at a meeting, no matter on which final action
has previously been taken shall be reopened for further consideration
or action. If consideration is granted by the Commission, the case will
be rescheduled for a subsequent regular meeting, a new application
will be made (new fees, legal ad, and adjacent property owners re-
notified so that they may have an opportunity to hear any new
evidence and to be heard).
c. Reapplication - No identical or substantially identical application
concerning a specific parcel or parcels of land that has been denied by
the Planning Commission or Board of Directors may be made for a
period of one (1) year.
c. D Amendments
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a. Substantial changes to an application are not allowed during
the public meeting. A determination of what constitutes a
substantial change shall be determined by the secretary of the
commission. If it is determined to be substantial, the applicant will
be given an opportunity to defer their item to the next available
commission hearing or move forward with the application as
submitted.
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8. Withdrawals - All withdrawals shall be governed by the following:
a. No application that has been docketed for public hearing and advertised
for such hearing shall be withdrawn, except as follows:
1. An application may be withdrawn with a written request from the
applicant of record at least five (5) working days prior to the public
hearing.
2. A motion must be made for the Commission to authorize
withdrawal of an application. The same matter shall not be
resubmitted for a period of one (1) year, unless the Commission
authorizes the withdrawal without prejudice, in which case a new
application for the same or substantially same matter may be filed
at any time.
3. An application may be withdrawn without prejudice by the
Commission if neither the applicant nor the applicant’s
representative attends a second or subsequent meeting scheduled to
hear the application, if the meeting was scheduled following a
deferral for such failure of attendance at a previous scheduled
meeting.
4. The Commission may also vote to withdraw an application when:
(a) The applicant fails, for each of three (3) meetings in which
the applicant’s matter was docketed and advertised, to properly
provide all notice as required to be provided by the applicant, or
(b) The applicant repeatedly fails to provide information
requested by Staff, the Subdivision Committee, or the Planning
Commission.
b. An applicant may withdraw his or her application, without prejudice to
re-filing the matter as a new application and without a vote of the
Commission, at any time prior to the final preparation of the legal
advertisement for the public hearing of the application.
9. Deferrals - All deferrals shall be governed by the following:
a. No application which has been docketed for public hearing and
advertised for such hearing shall be deferred except for cause and with
a written request from the applicant five (5) working days prior to the
public hearing, except in the event that 8 commissioners or less are in
attendance at the hearing, the commissioner will give the applicant an
option to be heard or deferred at the applicants request. Any deferral in
this case shall be as from the applicant.
b. No single request for deferral shall be granted for more than ninety
(90) consecutive days, except by unanimous vote of all members
present.
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c. A deferral that occurs because of an applicant’s failure to issue the
supplemental notice required in Article IV shall be deemed to be a
deferral at the applicant’s request.
d. In no case shall more than two (2) requests for deferral from an
applicant be granted.
e. The first and second deferrals of an application for which proper
notification has been completed shall require re-notification of
property owners as set forth in Article IV by regular mail. If such
deferral request is made by the applicant, it shall be the applicant’s
responsibility and cost to re-notify. If the deferral is at the Planning
Commission’s or staff’s request, it shall be the City’s responsibility
and cost to re-notify.
f. A third or subsequent deferral of any public hearing item shall require
re-notification of property owners by certified mail as set forth in
Article IV. Such a request by the applicant shall be the applicant’s cost
to re-notify. A third deferral at the Planning Commission’s or staff’s
request shall cause the City to bear the cost. Notice sent by the City
may be by regular mail.
g. In the public hearing, the Planning Commission may by its own
motion or at the request of an applicant for cause defer an application.
The length of the deferral shall be specified by the Commission in the
motion.
10. Applicant Attendance at Public Hearing - The applicant, on each item
docketed, shall be present or represented at the public hearing and prepared to
discuss the request. If an applicant or designated representative is not present,
the item shall be deferred one time to the next appropriate public hearing.
11. Precedents - No action of the Commission shall be deemed to set a
precedent. Each item docketed shall be decided upon its own merit and
circumstances attendant thereto.
12. Dissent - If a member of the Little Rock Planning Commission wishes to
dissent from a majority opinion of the Commission, he or she shall
communicate a written minority opinion to the following:
a. All Members of the Planning Commission
b. The Secretary of the Planning Commission
c. The City Attorney
d. The Mayor and Members of the Board of Directors
13. Waivers - These BYLAWS may be waived by a vote of not less than three-
fourths (3/4) of the members in attendance of any given meeting.
ARTICLE VI. AMENDMENTS
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These BYLAWS may be amended or repealed by an affirmative vote of not less than a
majority of the full membership of the Commission. A proposed amendment, or a motion to
repeal shall first be presented in writing at a regular meeting and placed on the agenda of
subsequent regular meetings for action, unless ten days written notice has been given to all
Commissioners, in which case action may be taken at any regular or called meeting.
ARTICLE VII NON-DISCREMINATION
The City of Little Rock complies with all civil rights provisions of federal laws and related
authorities that prohibit discrimination in programs and activities receiving federal financial
assistance. The City of Little Rock does not discriminate on the basis of race, color, creed,
religion, sex, national origin, age, disability, income status, marital status, sexual orientation,
gender identity, genetic information, political opinions or affiliation, in admission or access
to and treatment in the City’s programs and activities, as well as the city’s hiring or
employment practices.
ATTEST:______________________________
Secretary: _____________________________ Chairman:
______________________________________
Adopted by the Little Rock Planning Commission on
February 21, 1957.
Amended by the Little Rock Planning Commission on
March 5, 1970.
Amended by the Little Rock Planning Commission on
August 3, 1972.
Amended by the Little Rock Planning Commission on
November 29, 1977.
Amended by the Little Rock Planning Commission on
November 27, 1979.
Amended by the Little Rock Planning Commission on
March 25, 1980.
Amended by the Little Rock Planning Commission on
November 9, 1982.
Amended by the Little Rock Planning Commission on
March 12, 1985.
Amended by the Little Rock Planning Commission on
January 28, 1986.
Amended by the Little Rock Planning Commission on
July 8, 1986.
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Amended by the Little Rock Planning Commission on
September 9, 1986.
Amended by the Little Rock Planning Commission on
November 25, 1986.
Amended by the Little Rock Planning Commission on
January 26, 1988.
Amended by the Little Rock Planning Commission on
July 12, 1988.
16
Amended by the Little Rock Planning Commission on
September 6, 1988.
Amended by the Little Rock Planning Commission on
December 12, 1989.
Amended by the Little Rock Planning Commission on
March 23, 1993.
Amended by the Little Rock Planning Commission on
March 28, 1996.
Amended by the Little Rock Planning Commission on
April 3, 1997.
Amended by the Little Rock Planning Commission on
June 11, 1998.
Amended by the Little Rock Planning Commission on
May 1, 2003.
Amended by the Little Rock Planning Commission on
October 21, 2004.
Amended by the Little Rock Planning Commission on
September 28, 2006.
Amended by the Little Rock Planning Commission on
August 7, 2008.
Amended by the Little Rock Planning Commission on
August 26, 2010.
MEMBER
BERRY, CRAIG
BROCK, THOMAS L.
BYNUM, BUELAH
HAMILTON, SCOTT
HART, TODD
HAYNES, MARLON D.
LATTURE, PAUL
RAHMAN, ROBBIN S.
STEBBINS, ROBERT
THOMAS, DIANA M.
VOGEL, ROBBY
_ Meeting Adjourned .O P.M.
"AYE NAYS ABSENT ; ABSTAIIII � RECUSE
PLANNING COMMISSION VOTE RECORD
DATE ' 9-m g 2.Or r,
MEMBER
BERRY, CRAIG
BROCK, THOMAS L.
BYNUM, BUELAH
HAMILTON, SCOTT
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HART, TODD
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HAYNES, MARLON D.
LATTURE, PAUL
RAHMAN, ROBBIN S.
STEBBINS, ROBERT
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THOMAS, DIANA M.
VOGEL, ROBBY
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MEMBER
BERRY, CRAIG
BROCK, THOMAS L.
BYNUM, BUELAH
HAMILTON, SCOTT
HART, TODD
HAYNES, MARLON D.
LATTURE, PAUL
RAHMAN, ROBBIN S.
STEBBINS, ROBERT
THOMAS, DIANA M.
VOGEL, ROBBY
_ Meeting Adjourned .O P.M.
"AYE NAYS ABSENT ; ABSTAIIII � RECUSE
October 24, 2019
There being no further business before the Commission, the meeting
was adjourned at 5:03 p.m.
Date
Secretary Chairman