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HomeMy WebLinkAboutZ-5224-I Staff AnalysisFILE NO.: Z NAME: TNT Fireworks Revised Short -form PCD LOCATION: 18220 Cantrell Road DEVELOPER: TNT Fireworks 5401 West Skelly Drive Tulsa, OK 74107 ENGINEER- McGetrick and McGetrick Engineers 319 President Clinton Avenue Little Rock, AR 72201 AREA: 1.85 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: General Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Seasonal Sale of Class C 1 AG Common Fireworks from June 20th through July 4`h of each year. VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors zoned this site to PCD on February 6, 1990, by the adoption of Ordinance No. 15,813. The rezoning was a part of a larger effort to rezone the area "west of the city limits and north of Denny Road" as a part of implementation of the land use regulation of the extraterritorial planning area. The rezoning effort FILE NO.: Z-5224-1 recognized existing businesses in the area and established an existing Business Node in this area. This site was rezoned to PCD to recognize an existing custom window covering and blind company which was operating from the single-family home. A. PROPOSAL/REQUEST: The applicant, TNT Fireworks, the nation's oldest and largest fireworks company is requesting a revision to a previously approved PCD to allow seasonal sale of Class C 1 AG Common Fireworks. The company will place a temporary tent on the site for the seasonal sale of fireworks. The company is requesting the sale of fireworks from June 20th through July 4th each year. The company has indicated TNT Fireworks makes every effort to utilize non-profit organizations to sell the fireworks as a local fundraising project but has not specifically indicated these organizations will be the seller of fireworks. B. EXISTING CONDITION The site is not located within the City Limits but is located within the Extraterritorial Planning Jurisdiction. The site contains an existing single-family structure used as by an office user. The areas to the west and south are currently zoned PCD. Located further east there is a site zoned PCD for the FFLS Company, a financial form company and a church on R-2 zoned property adjacent to Patrick Country Road. South of the site is a PCD for a restaurant and a second for a site which appears to be a business use in the occupant's outbuilding. The area is a mix of single-family and non-residential uses on large tracts in a rural setting. East of the site is the Ranch Development with a mix of Commercial, Office and Multi -family zoning and south of Highway 10 approximately 1200 feet is a new single-family subdivision developing by Chenal Properties. C. NEIGHBORHOOD COMMENTS: The Johnson Ranch Property Owners Association and the Westchester/Heatherbrae Property Owners Association were notified of the Public Hearing along with all residents, who could be identified, located within 300 feet of the site and all owners of property located within 200 feet of the site. As of this writing, Staff has not received any comment from area residents. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Public Works: No comment. 2 FILE NO.: Z-5224-1 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: No comment received. SBC: Approved as submitted. Central Arkansas Water: A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. If water service is provided, execution of a Pre -annexation Agreement and approval of the City of Little Rock is required. This site does not have adequate fire protection and a public fire hydrant needs to be installed off the existing water main. This fire hydrant will be installed at the applicant's expense. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Install a fire hydrant. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: Site is located on Bus Route #21 but has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for a temporary tent to be set up for a fireworks stand. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. The proposed tent is temporary and the primary use of the property is for a single-family dwelling unit being used as an office use. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: No comment received - 3 FILE NO.: Z-5224-1 Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (February 27, 2003) The applicant was present representing the application. Staff presented an overview of the proposed development indicating the development was located within the City's Extraterritorial Planning Jurisdiction. Staff stated the request was to sell fireworks from this location from June 20'h to July 4th yearly. Staff questioned the means of garbage disposal from the site. Staff also questioned the surface of the parking area. Staff requested the front setbacks from the right-of-way front of the proposed tent on both the east and west sides be indicated on a revised site plan. The applicant indicated he would address the issues raised in a revised cover letter and on a revised site plan. Staff stated the Fire Department and the Water Department had requested a fire hydrant be installed on the site. Staff suggested the applicant contact these two agencies to resolve this issue prior to the Public Hearing. There being no further items for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to Staff addressing the issues raised by Staff and the Subdivision Committee members. The applicant has indicated the site will utilize existing on-site garbage collection. The applicant has also indicated the parking area will remain grass covered and accommodate between fifteen and twenty cars. The applicant has indicated the front setback from the west corner of the tent will be approximately ten (10) feet and the east corner approximately twenty-five (25) feet. The applicant has also indicated the setback from the west property line to be approximately forty (40) feet. The applicant has indicated the current use of the site is a professional office use. The site currently contains no signage. The applicant proposes the placement of two (2) seven (7) by twelve (12), two (2) two (2) by twenty (20) and one (1) two (2) by ten (10) identification signs. The applicant also proposes the placement of one (1) three (3) by six (6) `Open' sign. All the signage will be attached to the tent. The applicant is not proposing the placement of any permanent signage on the site. The applicant has indicated the placement of a fire hydrant on site as requested by Central Arkansas Water and the Little Rock Fire Department. Staff has some concerns with the placement of the proposed tent. The site plan indicates limited setbacks from the right-of-way and the overall site plan does not 0 FILE NO.: Z-5224-1 comply with the requirements of the Highway 10 Overlay District. This would be considered the redevelopment of an existing site and in the past Staff has tried to not allow any further encroachment into the buffer area than already exists. The proposed tent, although temporary, is situated just ten (10) feet from the right-of- way. The proposed tent will be placed in the front yard of the existing structure with the placement of a grass parking area along the eastern boundary accessed from North Ridge Road. Staff would recommend the parking area remain grass covered since Staff would desire the structure maintain the existing residential character. The placement of a hard surface or gravel parking area in the front yard for the two-week usage would negatively impact the site. Staff is understanding of the desire to sell fireworks in the area and with the current ban on the sale of fireworks within the city limits the availability of appropriate sites is limited. The site is located in an island of the city, which has not been annexed. Staff feels the temporary use of the site for sale of fireworks could be workable if the tent is situated in a manner as to limit the intrusion of the tent into the front buffer area and the parking area not be changed from the existing grass surface. STAFF RECOMMENDATION: Staff recommends approval of the proposed rezoning request to revise the previously approved PCD to allow the seasonal sale of fireworks from the site, from June 20th to July 4th yearly, subject to compliance with the conditions outlined in paragraphs D, E, F and H of this report. PLANNING COMMISSION ACTION: (MARCH 20, 2003) The applicant was present representing the application. There were no objectors present. Staff presented the item with a recommendation of approval of the proposed rezoning request to revise the previously approved PCD to allow the seasonal sale of fireworks from the site, from June 20th to July 4th yearly, subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above report. There was no further discussion of the item. The item was placed on the Consent Agenda for approval. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. 5 March 20, 2003 ITEM NO.: 6 NAME: TNT Fireworks Revised Short -form PCD LOCATION: 18220 Cantrell Road DEVELOPER: TNT Fireworks 5401 West Skelly Drive Tulsa, OK 74107 FN(;INFFR- McGetrick and McGetrick Engineers 319 President Clinton Avenue Little Rock, AR 72201 FILE NO.: Z-5224-1 AREA: 1.85 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: General Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Seasonal Sale of Class C 1 AG Common Fireworks from June 20th through July 4th of each year. VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors zoned this site to PCD on February 6, 1990, by the adoption of Ordinance No. 15,813. The rezoning was a part of a larger effort to rezone the area "west of the city limits and north of Denny Road" as a part of implementation of the land use regulation of the extraterritorial planning area. The rezoning effort March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 recognized existing businesses in the area and established an existing Business Node in this area. This site was rezoned to PCD to recognize an existing custom window covering and blind company which was operating from the single-family home. A. PROPOSAL/REQUEST: The applicant, TNT Fireworks, the nation's oldest and largest fireworks company is requesting a revision to a previously approved PCD to allow seasonal sale of Class C 1 AG Common Fireworks. The company will place a temporary tent on the site for the seasonal sale of fireworks. The company is requesting the sale of fireworks from June 20th through July 4th each year. The company has indicated TNT Fireworks makes every effort to utilize non-profit organizations to sell the fireworks as a local fundraising project but has not specifically indicated these organizations will be the seller of fireworks. B. EXISTING CONDITIONS: The site is not located within the City Limits but is located within the Extraterritorial Planning Jurisdiction. The site contains an existing single-family structure used as by an office user. The areas to the west and south are currently zoned PCD. Located further east there is a site zoned PCD for the FFLS Company, a financial form company and a church on R-2 zoned property adjacent to Patrick Country Road. South of the site is a PCD for a restaurant and a second for a site which appears to be a business use in the occupant's outbuilding. The area is a mix of single-family and non-residential uses on large tracts in a rural setting. East of the site is the Ranch Development with a mix of Commercial, Office and Multi -family zoning and south of Highway 10 approximately 1200 feet is a new single-family subdivision developing by Chenal Properties. C. NEIGHBORHOOD COMMENTS: The Johnson Ranch Property Owners Association and the Westchester/Heatherbrae Property Owners Association were notified of the Public Hearing along with all residents, who could be identified, located within 300 feet of the site and all owners of property located within 200 feet of the site. As of this writing, Staff has not received any comment from area residents. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Public Works: No comment. March 20, 2003 SUBDIVISION ITEM NO.: 6 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: FILE NO.: Z-5224-1 Wastewater: Sewer main extension required with easements if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Paint Energy: No comment received. SBC: Approved as submitted. Central Arkansas Water: A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. If water service is provided, execution of a Pre -annexation Agreement and approval of the City of Little Rock is required. This site does not have adequate fire protection and a public fire hydrant needs to be installed off the existing water main. This fire hydrant will be installed at the applicant's expense. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Install a fire hydrant. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: Site is located on Bus Route #21 but has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for a temporary tent to be set up for a fireworks stand. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. The proposed tent is temporary and the primary use of the property is for a single-family dwelling unit being used as an office use. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. K March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 Landscape: No comment received. Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (February 27, 2003) The applicant was present representing the application. Staff presented an overview of the proposed development indicating the development was located within the City's Extraterritorial Planning Jurisdiction. Staff stated the request was to sell fireworks from this location from June 20th to July 4th yearly. Staff questioned the means of garbage disposal from the site. Staff also questioned the surface of the parking area. Staff requested the front setbacks from the right-of-way front of the proposed tent on both the east and west sides be indicated on a revised site plan. The applicant indicated he would address the issues raised in a revised cover letter and on a revised site plan. Staff stated the Fire Department and the Water Department had requested a fire hydrant be installed on the site. Staff suggested the applicant contact these two agencies to resolve this issue prior to the Public Hearing. There being no further items for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to Staff addressing the issues raised by Staff and the Subdivision Committee members. The applicant has indicated the site will utilize existing on-site garbage collection. The applicant has also indicated the parking area will remain grass covered and accommodate between fifteen and twenty cars. The applicant has indicated the front setback from the west corner of the tent will be approximately ten (10) feet and the east corner approximately twenty-five (25) feet. The applicant has also indicated the setback from the west property line to be approximately forty (40) feet. The applicant has indicated the current use of the site is a professional office use. The site currently contains no signage. The applicant proposes the placement of two (2) seven (7) by twelve (12), two (2) two (2) by twenty (20) and one (1) two (2) by ten (10) identification signs. The applicant also proposes the placement of one (1) three (3) by six (6) `Open' sign. All the signage will be attached to the tent. The applicant is not proposing the placement of any permanent signage on the site. 0 March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 The applicant has indicated the placement of a fire hydrant on site as requested by Central Arkansas Water and the Little Rock Fire Department. Staff has some concerns with the placement of the proposed tent. The site plan indicates limited setbacks from the right-of-way and the overall site plan does not comply with the requirements of the Highway 10 Overlay District. This would be considered the redevelopment of an existing site and in the past Staff has tried to not allow any further encroachment into the buffer area than already exists. The proposed tent, although temporary, is situated just ten (10) feet from the right-of- way. The proposed tent will be placed in the front yard of the existing structure with the placement of a grass parking area along the eastern boundary accessed from North Ridge Road. Staff would recommend the parking area remain grass covered since Staff would desire the structure maintain the existing residential character. The placement of a hard surface or gravel parking area in the front yard for the two-week usage would negatively impact the site. Staff is understanding of the desire to sell fireworks in the area and with the current ban on the sale of fireworks within the city limits the availability of appropriate sites is limited. The site is located in an island of the city, which has not been annexed. Staff feels the temporary use of the site for sale of fireworks could be workable if the tent is situated in a manner as to limit the intrusion of the tent into the front buffer area and the parking area not be changed from the existing grass surface. I. STAFF RECOMMENDATION: Staff recommends approval of the proposed rezoning request to revise the previously approved PCD to allow the seasonal sale of fireworks from the site, from June 20th to July 4th yearly, subject to compliance with the conditions outlined in paragraphs D, E, F and H of this report. PLANNING COMMISSION ACTION: (MARCH 20, 2003) The applicant was present representing the application. There were no objectors present. Staff presented the item with a recommendation of approval of the proposed rezoning request to revise the previously approved PCD to allow the seasonal sale of fireworks from the site, from June 20th to July 4th yearly, subject to compliance with the conditions outlined in paragraphs D, E, F and H of the above report. There was no further discussion of the item. The item was placed on the Consent Agenda for approval. The motion carried by a vote of 7 ayes, 2 noes and 2 absent. 5 Subdivision Committee Comments February 27, 2003 ITEM NO.: 6 FILE NO.: Z-5224-1 NAME: TNT Fireworks Revised Short -form PCD LOCATION: 18200 Cantrell Road Planning Staff Comments: 1. Provide notification of abutting property owners complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Provide the days and hours of operation. 3. Any additional site lighting must be low level and directional, directed away from residentially zoned property. 4. Will the proposed parking area remain grass covered? Indicate the proposed parking plan and the estimated number of spaces. 5. Provide the front setback of the tent from the property line on the eastern and western corners of the tent. Also provide the setback from the western property line. 6. Provide the function of the existing structure on the site. 7. Provide the means of garbage collection. Will there be an on-site dumpster? If so indicate the location along with the required screening. 8. Will there be any signage proposed as a part of the development? If so provide the details. Variance/Waivers: 1. None requested. Public Works: 1 No Comments Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements, if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: No comment received. SBC: Approved as submitted. Central Arkansas Water: A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. If water service is provided, execution of a Pre -annexation Agreement and approval of the City of Little Rock is required. This site does not have adequate fire protection and a public fire hydrant needs to be installed off the existing water main. This fire hydrant will be installed at the applicant's expense. Contact Central Arkansg�& Water at 992-2438 for additional information. Fire Department: Install a fire hydrant. Contact the Little Rock Fire Department at 918- 3752 for additional details. County Planning: No comment received. CATA: Site is located on Bus Route #21 but has no effect on bus radius, turnout and route. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for a temporary tent to be set up for a fireworks stand. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. The proposed tent is temporary and the primary use of the property will be for a single-family dwelling unit. Landscape: No comment received. Revised plat/plan: Submit four (4) copies of a revised site plan (to include the additional information as noted above) to staff on Wednesday, March 5, 2003. March 20, 2003 ITEM NO.: 6 FILE NO.: Z-5224-1 NAME: TNT Fireworks Revised Short -form PCD LOCATION: 18220 Cantrell Road DEVELOPER: TNT Fireworks 5401 West Skelly Drive Tulsa, OK 74107 FNC;INFFR- McGetrick and McGetrick Engineers 319 President Clinton Avenue Little Rock, AR 72201 AREA: 1.85 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: PCD ALLOWED USES: General Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Seasonal Sale of Class C 1 AG Common Fireworks from June 20th through July 4"' of each year. VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors zoned this site to PCD on February 6, 1990, by the adoption of Ordinance No. 15,813. The rezoning was a part of a larger effort to rezone the area "west of the city limits and north of Denny Road" as a part of implementation of the land use regulation of the extraterritorial planning area. The rezoning effort March 20, 2003 SUBDIVISION ITEM NO.: 5 FILE NO.. Z-5224-1 recognized existing businesses in the area and established an existing Business Node in this area. This site was rezoned to PCD to recognize an existing custom window covering and blind company which was operating from the single-family home. A. PROPOSAUREQUEST: The applicant, TNT Fireworks, the nation's oldest and largest fireworks company is requesting a revision to a previously approved PCD to allow seasonal sale of Class C 1 AG Common Fireworks. The company will place a temporary tent on the site for the seasonal sale of fireworks. The company is requesting the sale of fireworks from June 20th through July 4th each year. The company has indicated TNT Fireworks makes every effort to utilize non-profit organizations to sell the fireworks as a local fundraising project but has not specifically indicated these organizations will be the seller of fireworks. B. EXISTING CONDITIONS: The site is not located within the City Limits but is located within the Extraterritorial Planning Jurisdiction. The site contains an existing single-family structure used as by an office user. The areas to the west and south are currently zoned PCD. Located further east there is a site zoned PCD for the FFLS Company, a financial form company and a church on R-2 zoned property adjacent to Patrick Country Road. South of the site is a PCD for a restaurant and a second for a site which appears to be a business use in the occupant's outbuilding. The area is a mix of single-family and non-residential uses on large tracts in a rural setting. East of the site is the Ranch Development with a- mix of Commercial, Office and Multi -family zoning and south of Highway 10 approximately 1200 feet is a new single-family subdivision developing by Chenal Properties. C. NEIGHBORHOOD COMMENTS: The Johnson Ranch Property Owners Association and the Westchester/Heatherbrae Property Owners Association were notified of the Public Hearing along with all residents, who could be identified, located within 300 feet of the site and all owners of property located within 200 feet of the site. As of this writing, Staff has not received any comment from area residents. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: Public Works: No comment. 2 March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements if service is required for the project. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: No comment received. SBC: Approved as submitted. Central Arkansas Water: A Capital Investment Charge based on the size of connection(s) will apply to this project in addition to normal charges. If water service is provided, execution of a Pre -annexation Agreement and approval of the City of Little Rock is required. This site does not have adequate fire protection and a public fire hydrant needs to be installed off the existing water main. This fire hydrant will be installed at the applicant's expense. Contact Central Arkansas Water at 992-2438 for additional information. Fire Department: Install a fire hydrant. Contact the Little Rock Fire Department at 918-3752 for additional details. County Planning: No comment received. CATA: Site is located on Bus Route #21 but has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division_ This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for a temporary tent to be set up for a fireworks stand. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. The proposed tent is temporary and the primary use of the property is for a single-family dwelling unit being used as an office use. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. 3 March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 Landscape: No comment received. Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (February 27, 2003) The applicant was present representing the application. Staff presented an overview of the proposed development indicating the development was located within the City's Extraterritorial Planning Jurisdiction. Staff stated. the requesl was to sell fireworks from this location from June 20th to July 4th yearly. Staff questioned the means of garbage disposal from the site. Staff also questioned the surface of the parking area. Staff requested the front setbacks from the right-of-way front of the proposed tent on both the east and west sides be indicated on a revised site plan. The applicant indicated he would address the issues raised in a revised cover letter and on a revised site plan. Staff stated the Fire Department and the Water Department had requested a fire hydrant be installed on the site. Staff suggested the applicant contact these two agencies to resolve this issue prior to the Public Hearing. There being no further items for discussion. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to Staff addressing the issues raised by Staff and the Subdivision Committee members. The applicant has indicated the site will utilize existing on-site garbage collection. The applicant has also indicated the parking area will remain grass covered and accommodate between fifteen and twenty cars. The applicant has indicated the front setback from the west corner of the tent will be approximately ten (10) feet and the east corner approximately twenty-five (25) feet. The applicant has also indicated the setback from the west property line to be approximately forty (40) feet. The applicant has indicated the current use of the site is a professional office use. The site currently contains no signage. The applicant proposes the placement of two (2) seven (7) by twelve (12), two (2) two (2) by twenty (20) and one (1) two (2) by ten (10) identification signs. The applicant also proposes the placement of one (1) three (3) by six (6) `Open' sign. All the signage will be attached to the tent. The applicant is not proposing the placement of any permanent signage on the site. .19 March 20, 2003 SUBDIVISION ITEM NO.: 6 FILE NO.: Z-5224-1 The applicant has indicated the placement of a fire hydrant on site as requested by Central Arkansas Water and the Little Rock Fire Department. Staff has some concerns with the placement of the proposed tent. The site plan indicates limited setbacks from the right-of-way and the overall site plan does not comply with the requirements of the Highway 10 Overlay District. This would be considered the redevelopment of an existing site and in the past Staff has tried to not allow any further encroachment into the buffer area than already exists. The proposed tent, although temporary, is situated just ten (10) feet from the right-of- way. The proposed tent will be placed in the front yard of the existing structure with the placement of a grass parking area along the eastern boundary accessed from North Ridge Road. Staff would recommend the parking area remain grass covered since Staff would desire the structure maintain the existing residential character. The placement of a hard surface or gravel parking area in the front yard for the two-week usage would negatively impact the site. Staff is understanding of the desire to sell fireworks in the area and with the current ban on the sale of fireworks within the city limits the availability of appropriate sites is limited. The site is located in an island of the city, which has not been annexed. Staff feels the temporary use of the site for sale of fireworks could be workable if the tent is situated in a manner as to limit the intrusion of the tent into the front buffer area and the parking area not be changed from the existing grass surface. STAFF RECOMMENDATION: Staff recommends approval of the proposed rezoning request to revise the previously approved PCD to allow the seasonal sale of fireworks from the site, from .lune 20th to July 4th yearly, subject to compliance with the conditions outlined in paragraphs D, E, F and H of this report. 6