HomeMy WebLinkAboutPC Action LetterDepartment of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501 )371A790 Fax: (501 )399-3435
September 19, 2022
Ruth Fuentes
7009 Talmage Drive
Little Rock, AR 72204
Re: File No. Z-9713
Rezoning from R-2 to C-3
Dear Ms. Fuentes:
Planning
Development
Building Codes
This is to advise you that in connection with your request concerning the above
referenced file number the following action was taken by the Planning Commission at
its meeting on September 8, 2022:
Approved with conditions.
Recommended approval with conditions.
X Recommended approval as submitted.
Denied your request as submitted.
Deferred to the Meeting.
Other:
This item will be forwarded to the Little Rock Board of Directors for final action. You or
your representative will need to be present at the Board of Directors meeting to
address any questions which may arise. The meeting date has tentatively been set
for October 18, 2022. The meeting begins at 6:00 pm and is held in the Centre at
University Park, 6401 West 12th Street. If you have any questions please do not hesitate
to contact me at 371-4792.
Respectfuil ,
Monte Moore
Development Administrator
rezon.doc
01/17/19
APPLICATION FOR REZONING
ZONING CASE FILE NO. Z-
PLANNING COMMISSION MEETING DOCKETED FOR
AT _ P.M.
Application is hereby made to the Little Rock Board of Directors, through the Planning Commission,
pursuant to the provisions of Act 186 of 1957, Acts of Arkansas, as amended, and Chapter 36 of Little
Rock, Ark. Rev. Code (1988), as amended, petitioning to rezone the following described area:
Se G r.► �r \ r r -� ► r-
Title to this property is vested in: go'�
If an individual other than the title-holder files this application, attachment of a letter is required
authorizing this person to act on behalf of the title-holder.
The subject property is / is not currently covered by a Bill of Assurance.
County Recorder Instrument No. —
It is desired that the boundarie shown on the District Map be amended and that this area be reclassified
from the present District to C `' District.
— v7-
Present use of property
Proposed use of property T �-
It is understood that notice of the public hearing hereon must be sent to owners of properties which lie
within 200 feet of the subject property in accordance with the requirements set forth in the instructions
given with this application. It is further understood that the cost of such notice is borne by the applicant.
1,KOTIA `i k)eN) it
acting
as owner/agent for this application, certify that the subject property does / does not contain uses /
structures that are certifiable as nonconforming within the definition section of the City of Little Rock
Zoning Ordinance. Nonconforming land use status has been explained to me and I understand that false
statements by me may be cause for revocation of the rezoning ordinance.
APPLICANT/OWNER:
MAILING ADDRESS:
FILING FEE:
PLA COMMI ION ACTION:
APPRO V
DATE: Z y
TELEPHONE a
BOARD OF DIRECTORS' ACTION:
�' DENIED:
DATE: ORDINANCE: 3' ,
DOC dM NAG SIGNATURE
OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
OCTOBER 18, 2022 AGENDA
auniect
An Ordinance rezoning
property located at 9204
Chicot Road from "R-2" to
"C-1". (Z-9713)
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The owner of the 0.19 acre property located at
9204 Chicot Road is requesting that the property be
reclassified from "R-2" to "C-1".
I None
Approval of the Ordinance
The applicant is proposing to rezone the 0.19 acres at 9204
Chicot Road from "R-2" Residential to "C-1" Commercial
to allow for the use as a restaurant.
The property is currently occupied by a brick -clad, one-
story, single-family residence, which appears to be vacant.
The property has a 4-foot tall chain link fence around the
perimeter. A driveway from Chicot Road is located at the
northeast corner of the property.
The site is located on the western side of Chicot Road and
.22 miles south of Baseline Road. The property is bordered
to the north by a vacant lot that is zoned C-3. To the east,
across Chicot Road are also C-3 zoned properties. The
BACKGROUND
CONTINUED
properties to the west and south are zoned R-2,
respectively, with the southern lot occupied by a single-
family residence and the western property vacant.
The City's Future Land Use Plan designates the property
as "RL" Residential Low Density. The proposed C-1
zoning will require an amendment to the City's Land Use
Plan, which is a separate item on this agenda.
On September 8, 2022, the Planning Commission voted
9 ayes, 1 noes, 0 absent and 1 open position, to approve the
C-1 rezoning. There was one (1) objector present.
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.
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
12 Section 1. That the zone classification of the following property be and is
13 hereby changed as indicated:
14
15
Z-9713 — DESCRIBED AS COMMENCE AT THE
16
SOUTHWEST CORNER OF TRACT ONE, LOT A, CHICOT
17
MANOR, NOW IN THE CITY OF LITTLE ROCK,
18
ARKANSAS, AS SHOWN ON PLAT RECORDED IN PLAT
19
BOOK 10, PAGE 78, RECORD OF PULASKI COUNTY,
20
ARKANSAS, MORE PARTICULARLY DESCRIBED AS
21
FOLLOWS; THENCE S 87' 08' 24" E FOR 62.31 FEET;
22
THENCE S 020 46' 52" W FOR 70.00 FEET TO THE POINT OF
23
BEGINNING; THENCE S 870 08' 24" E FOR 5.70 FEET;
24
THENCE S 020 51' 36" W FOR 70.00 FEET; THENCE N 870 08'
25
24" W FOR 120.00 FEET; THENCE N 020 5113611 E FOR 70.00
26
FEET; THENCE S 870 08' 24" E FOR 114.30 FEET TO THE
27
POINT OF BEGINNING: FROM "R-2" SINGLE FAMILY
28
DISTRICT TO "C-1" NEIGHBORHOOD COMMERCIAL
29
DISTRICT (9204 CHICOT ROAD).
30
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Page 1 of 2
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Section 2. That the map referred to in Chapter 36 of the Code of Ordinances
of the City of Little Rock and designated district map be and is hereby amended to the
extent and in the respects necessary to affect and designate the change provided for in
Section 1 hereof.
Section 3. That the Ordinance shall take effect and be in full force 30 days after
the date of its passage and approval.
Section 4. Severability. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if the portion so
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: APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
Page 2 of 2
FILE NO.: Z-9713
NAME: Rezoning from R-2 to C-3
LOCATION: 9204 Chicot Road
DEVELOPER:
Ruth Fuentes
7009 Talmage Drive
Little Rock, AR 72204
OWNERIAUTHORIZED AGENT:
Ruth Fuentes
7009 Talmage Drive
Little Rock, AR 72204
SURVEYORIENGINEER:
Thomas Engineering Co.
3810 Lookout Road
North Little Rock, AR 72116
AREA: 0.19 acres NUMBER OF LOTS: 1
WARD: 7
CURRENT ZONING
VARIANCEIWAIVERS:
PLANNING DISTRICT: 15
R-2
None requested.
A. PROPOSALIREQUESTIAPPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 41.05
The applicant is proposing to rezone the 0.19 acres at 9204 Chicot Road from
"R-2" Single Family District to "C-1" Neighborhood Commercial District to allow for the
use as a restaurant.
B. EXISTING CONDITIONS:
The property is currently occupied by a brick -clad, one-story, single family residence,
which appears to be vacant. The property has a 4-foot tall chain link fence around
FILE NO.: Z-9713 (Cont.)
the perimeter. A driveway from Chicot Road is located at the northeast corner of the
property.
C. NEIGHBORHOOD NOTIFICATIONS:
All owners of property 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/PARKSICOUNTYPLANNING.
Little Rock Water Reclamation Authority: No comments received_
Entergy: No comments received.
CenterPoint Summit Enercv: No comment.
AT & T: No comments received.
Central Arkansas Water:
NO OBJECTIONS: All Central Arkansas Water requirements in effect at the time of
request for water service must be met.
Fire Department:
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of
the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width
with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the
minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall
not exceed 10 percent in grade except as approved by the fire chief. If the grade
exceeds 10 percent, approval will be denied, and the applicant must submit
request to be reviewed by Fire Chief for Approval.
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
2
FILE NO.: Z-9713 (Cont.) _
asphalt, concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1.
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building
or facilities exceeding 30 feet or three stories in height shall have at least two means
of fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be
provide with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet that
have a single approved fire apparatus access road when all building are equipped
throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in a
straight line between accesses.
Dead Ends.
Maintain fire apparatus access roads at dead end locations as per Appendix D
of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.4 Dead Ends.
Dead-end fire apparatus access roads in excess of 150 feet shall be provided with
width and turnaround provisions in accordance with Table D103.4. Requirements for
Dead-end fire apparatus access roads.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention
Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull
501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes
501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and
Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comment received.
County Plannim No comment received.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape:
Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements.
3
FILE NO.: Z-9713 (Cont.)_
2. The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or larger.
G. TRANSPORTATIONIPLANNING:
Rock Region Metro: No comments received.
Planning Division: The request is in the Geyer West Planning District. The Land
Use Plan shows Residential Low Density (RL) for the requested area. The
Residential Low Density (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 remain less than 6 units
per acre. The application is to rezone from R-2, Single Family District to C-3, General
Commercial District to allow for the future commercial development of this property.
There is an accompanying item on the agenda to amend the Land Use Plan Map to
Commercial (C) for this site.
Surrounding the application area, the Land Use Plan shows Residential Low Density
(RL) to the south and west. Commercial (C) is shown on the Plan Map to the north
and across Chicot Road to the east from the site. The Residential Low Density (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. This land shown as RL
is zoned R-2, Single Family District and is a developed single-family subdivision. The
Commercial (C) 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. To the north and east is land zoned C-3, General Commercial. To the north
is a retail structure, across Chicot Road to the east is vacant land.
Master Street Plan: To the east is Chicot Road, it is shown as a Principal Arterial
on the Master Street Plan. A Principal Arterial serves through traffic and connects
major traffic generators or activity centers within an urbanized area. Entrances and
exits should be limited to minimize negative effects of traffic and pedestrians on
Chicot Road since it is a Principal Arterial. This street may require dedication of right-
of-way and may require street improvements for entrances and exits to the site.
Bicycle Plan: There are no bike routes shown in the immediate vicinity.
Historic Preservation Plan: There are no existing historic sites on, or in proximity to,
this land.
4
FILE NO.: Z-9713 Cont.
H. ANALYSIS:
The applicant is proposing to rezone the 0.19 acres at 9204 Chicot Road from "R-2"
Residential to "C-1" Commercial to allow for the use as a restaurant.
The property is currently occupied by a brick -clad, one-story, single-family
residence, which appears to be vacant. The property has a 4-foot tall chain link
fence around the perimeter. A driveway from Chicot Road is located at the northeast
corner of the property.
The site is located on the western side of Chicot Road and .22 miles south of
Baseline Road. The property is bordered to the north by a vacant lot that is zoned
C-3. To the east, across Chicot Road are also C-3 zoned properties. The properties
to the west and south are zoned R-2, respectively, with the southern lot occupied by
a single-family residence and the western property vacant.
The City's Future Land Use Plan designates the property as "RL" Residential Low
Density. The proposed C-1 zoning will require an amendment to the City's Land
Use Plan, which is a separate item on this agenda.
Staff is supportive of the requested C-1 zoning. Staff views the request as
reasonable. The proposed C-1 zoning will be consistent with other commercial
zonings on adjacent properties and will represent a continuation of the existing
zoning pattern. Staff believes the proposed C-1 zoning will have no adverse impact
on the general area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C-1 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 8, 2022)
The applicant was present representing the application. There was one person
registered in opposition. Staff presented the item and a recommendation for approval
as outlined in the "staff recommendation" above. The applicant deferred to the
opposition.
Troy Laha, Vice -President of Southwest Little Rock United for Progress (SWLRUP)
addressed the Commission in opposition to the application. He noted a phone
conference the neighborhood association had about the project. He expressed
concerns regarding the survey and the existing single-family residence on the property.
Mr. Laha's additional concerns included: no address on the house, the rezoning
placard/sign located behind screen door and not visible, location of an existing fence,
parking, hours of operation and the sale of alcoholic beverages.
5
FILE NO.: Z-9713 Cont.
Commission Brooks asked the applicant if all three (3) lots or just the lot containing the
existing residence. The applicant stated only the existing residence. There was general
discussion regarding the notification process and protocol for posting the sign on the
property. Following up, Commissioner Brooks asked the applicant if she reached out to
the neighborhood association to which the applicant replied in the negative.
Commissioner Vogel asked the applicant what was the present use of the property
(residence)? The applicant stated vacant and the property is a recent purchase.
Commissioner Thomas asked the applicant if the building was vacant. The applicant
stated the residence is vacant however, she currently operates a mobile canteen unit
(food truck) on the site.
Commissioner Brooks asked the applicant what are the proposed operating hours? The
applicant noted she was not sure at the moment, but would most likely be from 6:OOam
to 1:00 pm. Commissioner Brooks recommended the applicant may benefit reaching
out to the community.
There was a motion to approve the application including all comments and conditions as
recommended by staff. The motion was seconded. The vote was 9 ayes, 1 nays, and
1 open position.
C