HomeMy WebLinkAboutBOD Staff Report 080922OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
JUNE 21, 2022 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled King
Seasonal Fireworks Sales —
Revised PCD (Z-7870-A)
located at 23800 Highway
10.
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 applicant proposes to rezone the 2.75 acre property
from "PCD" Planned Commercial District to "Revised
PCD" Planned Commercial District to allow the seasonal
sales of fireworks.
I None
The Planning Commission recommends approval of the
Ordinance. Staff recommends denial.
The applicant is requesting a revised "PCD" Planned
Commercial Development, to allow the seasonal sale of
fireworks on an existing 2.75-acre site located at 23800
Highway 10.
The property currently contains an existing commercial
office building on the west perimeter and a convenience
store with gas pumps on the east perimeter. A proposed tent
structure is to be located in the center of the overall
BACKGROUND
CONTINUED
property, which contains the remains of a landscaping
construction service and a connecting fenced area to the
north. The property is bordered by Barrett Road to the west
and to highway 10 along the entire south perimeter.
The property has a circular gravel access drive that runs east
to west and connects the convenience store, the commercial
building, and proposed tent structure parking areas. The
access drive is in a deteriorated condition with a mix of
gravel, sod, and dirt with potholes and uneven surfaces.
Staff believes that the unimproved condition of the drive is
not appropriate for the proposed vehicular ingress and
egress between the site and Highway 10.
The proposed forty (40) foot by eighty (80) foot tent
structure will be centered on the site and located
approximately 150 feet north of the roadway near an
existing fence. An RV (camper trailer) will be set up to the
west of the tent temporarily to lodge the business caretaker
and will have temporary utility connections for the duration
of the use.
The proposed temporary tent structure will be set up
June 10, 2022 and removed on July 10, 2022. Sales of
fireworks will occur between June 24, 2022, through
July 5, 2022. The hours of operation will be from 8:00 am
to 10:00 pm (June 24 to July 2 and July 5) and 8:00 am to
12:00 midnight (July 3 and July 4).
The site plan illustrates a proposed parking plan with eleven
(11) spaces along the south perimeter of the tent. The
proposed parking is on an uneven terrain with a mix of
gravel and sod.
The site plan shows a temporary roll -off dumpster located
on the north side of the tent. The site plan also shows a
temporary light tower located south of the tent to illuminate
the parking area and a temporary four (4) foot by eight (8)
foot coroplast sign near the access drive connecting to
Highway 10.
On May 12, 2022, the Planning Commission voted
9 ayes, 1 nay, 0 absent and 1 open position, to approve the
Revised PCD rezoning. There were no objectors present.
W
BACKGROUND All owners of property located within 200 feet of the site
CONTINUED and all neighborhood associations registered with The City
of Little Rock were notified of the public hearing.
Please see the attached Planning Commission minute
record for the complete staff analysis.
I ORDINANCE NO.
2
3 AN ORDINANCE APPROVING A PLANNED ZONING
4 DEVELOPMENT AND ESTABLISHING A REVISED PLANNED
5 COMMERCIAL DISTRICT TITLED KING SEASONAL
6 FIREWORKS SALES — REVISED PCD, LOCATED AT 23800
7 HIGHWAY 10 (Z-7870-A), CITY OF LITTLE ROCK, PULASKI
8 COUNTY, ARKANSAS, AMENDING THE OFFICIAL ZONING
9 MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER
10 PURPOSES.
11
12 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
13 ROCK, ARKANSAS.
14
15 SECTION 1. That the zoning classification of the following described property be
16 changed from PCD, Planned Commercial District, to Revised PCD, Planned Commercial
17 District:
18
19 Z-7870-A — DESCRIBED AS PART OF THE NWIA SW1/4 OF
20 SECTION 8, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS,
21 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
22 COMMENCING AT THE NORTHEAST CORNER OF THE SAID
23 NW1/4 SW1/4 OF SECTION 8; THENCE N87°19'15"W, A
24 DISTANCE OF 163.07 FEET TO THE POINT OF BEGINNING;
25 THENCE SO104310411W, A DISTANCE OF 384.99 FEET; THENCE
26 N55°24'54"W, A DISTANCE OF 144.40 FEET; S4712211811W, A
27 DISTANCE OF 98.14 OF FEET; THENCE S31°3014811W, A
28 DISTANCE 59.44 FEET TO A POINT ON THE NORTH RIGHT OF
29 WAY LINE OF AR STATE HIGHWAY 10; THENCE N55133'00"W
30 ALONG SAID NORTH RIGHT OF WAY, A DISTANCE OF 124.45
31 FEET; THENCE NO115114011E, A DISTANCE OF 365.68 FEET;
Page 1 of 3
1 THENCE S87011'42"E, A DISTANCE OF 324.83 FEET TO THE
2 POINT OF BEGINNING, CONTAINING 2.75 ACRES, MORE OR
3 LESS.
4
5 SECTION 2. That the preliminary site development plan/plat be approved as
6 recommended to the Little Rock Planning Commission.
7
8 SECTION 3. That the change in zoning classification contemplated for King
9 Seasonal Fireworks Sales — Revised PCD, located at 23800 Highway 10 (Z-7870-A) is
10 conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article
11 VII, Section 36-454 (e) of the Code of Ordinances.
12
13 SECTION 4. That this Ordinance shall not take effect and be in full force until the
14 final plan approval.
15
16 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
17 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the
18 extent and in the respects necessary to affect and designate the change provided for in
19 Section 1 hereof.
20
21 SECTION 6. Severability. In the event any title, section, paragraph, item,
22 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
23 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
24 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
25 invalid or unconstitutional was not originally a part of the ordinance.
26
27 SECTION 7. Repealed. All laws, ordinances, resolutions, or parts of the same
28 that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of
29 such inconsistency.
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Page 2 of 3
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PASSED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
13 City Attorney
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APPROVED:
Mayor
Page 3 of 3
FILE NO.: Z-7870-A
NAME: King Seasonal Firework Sales— Revised PCD
LOCATION: 23800 Highway 10
DEVELOPER:
Timothy King (Owner)
King Mill Estates, LLC,
12315 Garrison Road
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
Timothy King (Owner)
Steve Giles (Agent)
Wright, Lindsey & Jennings Attorneys
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201
(501) 371-0808
SURVEYOR/ENGINEER:
Joe White Associates
24 Rahling Road, Suite A2
Little Rock, AR 72223
(501) 214-9141
AREA: 2.75 acres
WARD: NA
CURRENT ZONING
VARIANCE/WAIVERS
BACKGROUND:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 29
PCD
None Requested.
FT. NEW STREET: 0 LF
CENSUS TRACT: 42.01
On August 22, 2002 the Planning Commission recommended approval of a C-3 zoning
for this site. On November 19, 2002 the Board of Directors approved the C-3 zoning by
adopting (Ordinance No. 18,779). On July 7,2005 the Planning Commission approved a
rezoning of the property from C-3 to "PCD" Planned Commercial Development to maintain
FILE NO.: Z-7870-A(Cont.)
the C-3 uses. On February 6, 2007 the Board of Directors approved the PCD rezoning
by adoption of (Ordinance No. 19,688). In addition to C-3 uses, the approved PCD
allowed that sale of autos and portable buildings, landscaping nursery and limited outdoor
storage of farm supplies as permitted.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
Applicant is requesting a revised "PCD" Planned Commercial Development, to
allow the seasonal sale of fireworks on an existing 2.75-acre site located at
23800 Highway 10.
B. EXISTING CONDITIONS:
The property currently contains an existing commercial office building on the west
perimeter and a convenience store with gas pumps on the east perimeter. The
middle portion of the overall property contains the remains of a landscaping
business which previously occupied the property and a fenced area to the north.
The property is bordered by Barrett Road to the west and to Highway 10 along the
entire south perimeter.
C. NEIGHBORHOOD NOTIFICATIONS:
All owners of property located within 200 feet of the site and all neighborhood
associations registered with the City of Little Rock were notified of the public
hearing.
D. ENGINEERING COMMENTS: No comment.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments received.
Enteray: No comments received.
CenterPoint Summit Energy: No comments.
AT & T: No comments received.
Central Arkansas Water:
NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time
of request for water service must be met.
Fire Department: No comments.
Parks and Recreation: No comments received.
2
FILE NO.: Z-7870-A_ (Cont.)
County Planning:
• Provide perc test or letter from ADH stating a perc test is not required.
• County understands from applicant's address request that there will be no
permanent structure built or placed for this zoning request.
• Provide West Pulaski Volunteer Fire Department approval letter.
• Provide clear pdf of application.
• Provide source of title.
In Pay $33.00 review fee.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No comment.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
The request is in the Barrett Planning District. The Land Use Plan shows
Commercial (C) for the requested area. The Commercial category provides for 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 requested area is currently
zoned as a Planned Commercial District (PCD). The application is to revise the
existing PCD to allow for the seasonal sell of fireworks.
The application area is in the Extraterritorial Jurisdiction of the city. Surrounding
the application area, the Land Use Plan shows Residential Low Density (RL) to the
north and east. To the south, across Highway 10, shows Commercial (C). To the
west shows Residential Medium Density (RM). The Residential Low (RL) 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 remains less than 6 units per acre. The
Residential Medium Density (RM) category accommodates a broad range of
housing types including single family attached, single family detached, duplex,
town homes, multi -family and patio or garden homes.
The land surrounding the application area is currently zoned Single -Family
Residential (R-2) to the east, north, and west. To the south, across Highway 10,
3
FILE NO.: Z-7870-A Cont.)
the land is zoned Planned Development -Commercial (PD-C). Single -Family
Residential (R-2) establishes areas that protect single-family uses by promoting
and encouraging a suitable environment for family life, by providing a reasonable
standard for light, air and similar amenities, by minimizing traffic congestion, and
by avoiding the overloading of utilities and public facilities designed to service only
one -family residential uses. A Planned Development -Commercial zone is
intended to accommodate single use commercial developments which are
determined to be more appropriate for a PD application than a general commercial
reclassification.
Overlaying the base zoning, the application area is within the Highway 10 Overlay
District. The purpose of the Highway 10 Scenic Corridor Design Overlay District
is to protect and enhance the aesthetic and visual character of the lands
surrounding Highway 10.
Master Street Plan: To the south of the site is Highway 10, a Principal Arterial on
the Master Street Plan. A Principal Arterial function to serve through traffic and to
connect major traffic generators or activity centers within an urbanized area.
Lower design standards are required for Principal Arterials compared to
Expressways. Since these roads are designed for through traffic and are generally
located three or more miles apart, dedication of additional right-of-way is required
to allow for future expansion to six through lanes plus left and right turn lanes.
Right-of-way of 110 feet is required but may vary due to topography, floodway or
other constraints eliminating or reducing future adjacent development.
Bicycle Plan: There is a proposed Class I Bike Path shown to the south of the
property along Highway 10.
Historic Preservation Plan: There are no existing historic sites on, or in proximity
to, this land.
H. ANALYSIS:
The applicant is requesting a revised "PCD" Planned Commercial Development,
to allow the seasonal sale of fireworks on an existing 2.75-acre site located at
23800 Highway 10.
The property currently contains an existing commercial office building on the west
perimeter and a convenience store with gas pumps on the east perimeter. A
proposed tent structure is to be located in the center of the overall property, which
contains the remains of a landscaping construction service and a connecting
fenced area to the north. The property is bordered by Barrett Road to the west
and to highway 10 along the entire south perimeter.
The property has a circular gravel access drive that runs east to west and connects
the convenience store, the commercial building, and proposed tent structure
parking areas. The access drive is in a deteriorated condition with a mix of gravel,
4
FILE NO.: Z-7870-A (Cont.)
sod, and dirt with potholes and uneven surfaces. Staff believes that the
unimproved condition of the drive is not appropriate for the proposed vehicular
ingress and egress between the site and Highway 10.
The proposed forty (40) foot by eighty (80) foot tent structure will be centered on
the site and located approximately 150 feet north of the roadway near an existing
fence. An RV (camper trailer) will be set up to the west of the tent temporarily to
lodge the business caretaker and will have temporary utility connections for the
duration of the use.
The proposed temporary tent structure will be set up June 10, 2022 and removed
on July 10, 2022. Sales of fireworks will occur between June 24, 2022, through
July 5, 2022. The hours of operation will be from 8:00 am to 10:00 pm (June 24 to
July 2 and July 5) and 8:00 am to 12:00 midnight (July 3 and July 4).
The site plan illustrates a proposed parking plan with eleven (11) spaces along the
south perimeter of the tent. The proposed parking is on an uneven terrain with a
mix of gravel and sod.
The site plan shows a temporary roll -off dumpster located on the north side of the
tent. The site plan also shows a temporary light tower located south of the tent to
illuminate the parking area and a temporary four (4) foot by eight (8) foot coroplast
sign near the access drive connecting to highway 10.
Staff is not supportive of the requested "PCD" Planned Commercial Development.
The proposed temporary use of the center portion of the site is not compatible to
the uses on the remaining portions of the site. The site access, pedestrian access,
and parking is not sufficient for the proposed use. The area of the property
proposed for the tent was formally used as a landscaping construction service and
is unimproved. The deteriorated condition of this unimproved portion of the site is
not appropriate for the proposed use with pedestrians and vehicles due to uneven
terrain and varied ground conditions. Staff believes the site's condition is not
appropriate for the proposed temporary use.
STAFF RECOMMENDATION
Staff recommends denial of the requested revised PCD zoning.
PLANNING COMMISSION ACTIONS (MAY 12, 2022)
The applicants, Stephen Giles, Timothy King and Kevin Bailey, were present. There were
no persons registered in opposition to the application. Staff presented the item and a
recommendation of denial as outlined in the "staff recommendation" above.
Stephen Giles addressed the Commission in support of the application. The applicant
noted he disagreed with staffs recommendation of denial. The applicant discussed the
5
FILE NO.: Z-7870-A Coatl
proposed site and his ownership of surrounding properties in the area. He also noted the
site has been rented/leased to other entities, disappointed how the site was maintained
and recent illegal dumping of debris at the site. The applicant stated he is in the process
of cleaning up the site and installing gravel to shore up the surface for future use. He
also noted businesses within the area were not opposed to fireworks sales. The applicant
referenced a letter provided to the Commission during the meeting.
The City's Attorney made note items presented to the Commission during the meeting
does not provide staff opportunity to review recent information. Staff noted the letters
could be presented during the meeting but would not change the recommendation. City
Attorney recommended the application be deferred to provide opportunity for staff's
review. The applicant opted not to defer as this would not allow the process to move
forward considering the deadline prior to July and the State's sale's window permitting
fireworks sales.
The Chair read the applicant's letter dated May 12, 2022. The letter listed the applicant's
intent to clean up and improve the property.
There was general discussion regarding property ownership (the survey was reviewed
for accuracy by staff and the Commission), operating days/hours and the number of years
the applicant was proposing to utilize the site for fireworks sales. The applicant provided
responses to staff and the Commission, noting the proposed fireworks use would be for
the July dates for five (5) years.
The Commission asked, if approved, how will the applicant's use regrading fireworks
sales be monitored? Staff provided a response to the Commission's question.
There was a motion to approve the application including all comments and
recommendations, except the recommendation of denial by staff, including the conditions
[May 12, 2022 letter and five (5) year time period] set forth by the applicant as presented
and entered into record during the meeting. The motion was seconded. The vote was
9 ayes, 1 nay 0 absent and 1 open position. The application was approved.
0