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HomeMy WebLinkAboutBoard Communication 042021OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION APRIL 20, 2021 AGENDA Subject An Ordinance rezoning property located at 5424 West 33`d Street from R-3" to "I-2. (Z-9552) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 4Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The owner of the 0.16 acre property located at 5424 West 33`d Street is requesting that the property be reclassified from "R-3" to "I-2". I None Approval of the Ordinance Peter Rosenow, owner of the 0.16 acre property located at 5424 West 33`d Street, is requesting that the property be rezoned from "R-3" Single Family District to "I-2" Light Industrial District. The property is located at the northeast corner of West 33`d Street and S. Polk Street, and is comprised of one (1) platted lot (Lot 7, Block 1, Ruebel and Leymer Addition). The rezoning is proposed in order to develop the property into a parking lot to serve the existing auto repair use located across S. Polk Street to the west. The property is located in an area which contains mixed zoning and uses, near the intersection of Asher Avenue and Mabelvale Pike/Fair Park Blvd. Mixed commercial uses zoned C-3) are located to the north along Asher Avenue. BACKGROUND CONTINUED I-2 zoned property and uses are located to the west, across S. Polk Street. Single family residences (zoned 1-2 and R- 3) are located to the south across West 33rd Street. Mixed commercial uses are located to the southeast along Mabelvale Pike. Two (2) single family residences and mixed commercial uses are located to the east. The City's Future Land Use Plan designates this property as "LI" Light Industrial. The requested I-2 zoning will not require a plan amendment. On March 11, 2021, the Planning Commission voted 11 ayes, 0 noes and 0 absent, as part of the Consent Agenda, to approve the I-2 rezoning. There were no objectors present. All owners of property located within 200 feet of the site and the oak Forest, South of Asher and SWLR United for Progress Neighborhood Associations were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 2 1 ORDINANCE NO. 2 3 AN ORDINANCE RECLASSIFYING PROPERTY 4 LOCATED IN THE CITY OF LITTLE ROCK, 5 ARKANSAS, AMENDING THE OFFICIAL ZONING 6 MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; 7 AND FOR OTHER PURPOSES. 8 9 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 10 OF LITTLE ROCK, ARKANSAS. 11 Section 1. That the zone classification of the following property be and is 12 hereby changed as indicated: 13 14 Z-9552 — Described as Lot 7, Block 1, Ruebel and Leymer 15 Addition, an addition to the City of Little Rock, Pulaski County, 16 Arkansas: From "R-3" Single Family District to "I-2" Light 17 Industrial District. (5424 West 33,d Street) 18 19 Section 2. That the map referred to in Chapter 36 of the Code of Ordinances 20 of the City of Little Rock and designated district map be and is hereby amended to the 21 extent and in the respects necessary to affect and designate the change provided for in 22 Section 1 hereof. 23 24 Section 3. That the Ordinance shall take effect and be in full force 30 days after 25 the date of its passage and approval. 26 27 Section 4. Severability. In the event any title, section, paragraph, item, 28 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid 29 or unconstitutional, such declaration or adjudication shall not affect the remaining 30 portions of the ordinance which shall remain in full force and effect as if the portion so Page 1 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Mayor Page 2 of 21 FILE NO.: Z-9552 NAME: Rezoning from R-3 to 1-2 LOCATION: 5424 West 331d Street DEVELOPER: Larry West 5500 West 33rd Street Little Rock, AR 72204 OWNERIAUTHORIZE AGENT: Peter Rosenow — Owner 2616 Birch Street Benton, AR 72015 SURVEYOR/ENGINEER: Harbor Surveying 5800 Evergreen Drive Little Rock, AR 72205 AREA: 0.16 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 9 CENSUS TRACT: 19 CURRENT ZONING: R-3 VARIANCE/WAIVERS: 1. None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant proposes to rezone the 0.16 acre lot from "R-3" Single Family District to "1-2" Light Industrial District. The rezoning is proposed to allow a parking lot to serve the existing auto repair business across S. Polk Street to the west. FILE NO.: Z-9552 (Cont.) B. EXISTING CONDITIONS: The property is currently undeveloped and mostly grass covered. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and the Oak Forest, South of Asher and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Polk Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 feet radial dedication of right-of-way is required at the intersection of Polk Street and 33rd Street. 3. Due to the proposed use of the property, the Master Street Plan specifies that 33rd Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this Site. Enter : No comments received. CenterPoint Energy: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. Fire eoartment: 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. 2 FILE NO.: Z-9552 {Cant.) 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. Dead Ends. Maintain fire apparatus access roads at dead end locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4. Requirements for Dead-end fire apparatus access roads. Gates Maintain fire apparatus access road gates as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1. Minimum gate width shall be 20 feet. 2. Gates shall be of swinging or sliding type. 3. Construction of gates shall be of material that allow manual operation by one person. 4. Gate components shall be maintained in an operable condition at all times and replaces or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the keys to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval \by the fire code official 8. Electric gate operators, where provided, shall be listed in accordance with UL 325. 9. Gates, intended for automatic operation shall be designed, constructed and installed to comply with requirements of ASTM F 2200. 3 FILE NO.: Z-9552 Cont. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Reaion Metro: No comments. Planning Division: The request is in the 1-630 Planning District. The Land Use Plan shows Light Industrial (LI) for the requested area. This category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well -designed "park like" setting. The application is to change the property from R-3 (Single Family District) to 1-2 (Light Industrial District) to allow for future development of the site. Surrounding the application area, the Land Use Plan shows Light Industrial (LI) to the east, south and west. To the north along Asher Avenue is shown as Commercial (C). The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well -designed "park like" setting. There are auto related heavy commercial uses to the east and south east. To the south and west within this 'Industrial area' are single-family homes. These homes are on R-3 Single Family, R-4 Two Family and 1-2 Light Industrial zoned land. The Commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. This area is occupied with auto related heavy commercial uses and a restaurant. Master Street Plan: To the south is 33rd Street and to the west is Polk Street, both are a Local Street on the Master Street Plan. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered 4 FILE NO.: Z-9552 Cont. as "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. H. ANALYSIS: Peter Rosenow, owner of the 0.16 acre property located at 5424 West 331 Street, is requesting that the property be rezoned from "R-3" Single Family District to 1-2" Light Industrial District. The property is located at the northeast corner of West 33rd Street and S. Polk Street, and is comprised of one (1) platted lot (Lot 7, Block 1, Ruebel and Leymer Addition). The rezoning is proposed in order to develop the property into a parking lot to serve the existing auto repair use located across S. Polk Street to the west. The property is located in an area which contains mixed zoning and uses, near the intersection of Asher Avenue and Mabelvale Pike/Fair Park Blvd. Mixed commercial uses (zoned C-3) are located to the north along Asher Avenue. 1-2 zoned property and uses are located to the west, across S. Polk Street. Single family residences (zoned 1-2 and R-3) are located to the south across West 331 Street. Mixed commercial uses are located to the southeast along Mabelvale Pike. Two (2) single family residences and mixed commercial uses are located to the east. The City's Future Land Use Plan designates this property as "LI" Light Industrial. The requested 1-2 zoning will not require a plan amendment. Staff is supportive of the requested 1-2 zoning. Staff views the request as reasonable. The applicant is requesting to rezone this lot to 1-2 in order to develop parking for the auto repair use on the existing 1-2 zoned property immediately to the west across S. Polk Street. There is additional 1-2 zoned property to the south, southwest, east and southeast, with commercial zoned property to the north. The zoning of the subject property to 1-2 will represent a continuation of the zoning pattern in this general area and will be consistent with the City's Future Land Use Plan. The requested rezoning should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the requested 1-2 rezoning PLANNING COMMISSION ACTION: (JANUARY 14, 2021) The applicant was not present. There were no persons registered in attendance. Staff informed the Commission that the applicant failed to send required notifications to surrounding property owners. Therefore, staff recommended the application be deferred to the February 11, 2021 Planning Commission Agenda. There was no further 5 FILE NO.: Z-9552(Cont.) discussion. The item was placed on the Consent Agenda and deferred as recommended by staff. The vote was 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION: (MARCH 11, 2021) The applicant was present. There were no persons present registered in support or opposition. 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 11 ayes, 0 nays and 0 absent. 0