HomeMy WebLinkAboutBOD Staff Report 081623OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
APRIL 18, 2023 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled King
Seasonal Fireworks Sales —
Revised PCD (Z-7870-B)
located at 23800 Highway
10.
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
4 Ordinance
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" to allow the seasonal sales of fireworks.
I None
Approval of the Ordinance.
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. The middle
portion of the overall property previously contained the
remains of a landscaping business which previously
occupied the property. This area has recently been cleaned
BACKGROUND
CONTINUED
up and improved with new gravel. 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, proposed tent structure and parking areas. The
applicant has improved the condition of the access drive
and the parking area with the addition of a new gravel
overlay infilling potholes and uneven surfaces. The
applicant has extended the improvements to the northern
portion of the site to include the proposed parking area,
proposed location of the sales tent along with removal of
deteriorated fencing and debris from the overall site. Staff
believes that the improved condition of the drive, parking
area, and overall site are appropriate to allow 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, 2023, and removed on July 10, 2023. Sales of fireworks
will occur between June 24, 2023, through July 5, 2023.
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 area has been improved with a layer of
gravel eliminating potholes and uneven areas.
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.
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BACKGROUND
CONTINUED
On March 9, 2023, the Planning Commission voted
9 ayes, 0 noes, 1 absent and 1 abstention, as part of the
Consent Agenda, to approve the Revised PCD rezoning.
There were no objectors 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.
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ORDINANCE NO.
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED
COMMERCIAL DISTRICT TITLED KINGS SEASONAL
FIREWORKS SALES — REVISED PCD, LOCATED AT 23800
HIGHWAY 10 (Z-7870-B), CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF LITTLE ROCK; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS.
SECTION 1. That the zoning classification of the following described property be
changed from PCD Planned Commercial District, to Revised PCD, Planned Commercial
District:
Z-7870-B — DESCRIBED AS PART OF THE NW1/4 SW1/4 OF
SECTION 8, T-2-N, R-14-W, PULASKI COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SAID
NW1/4 SW1/4 OF SECTION 8; THENCE N87°19'15"W, A
DISTANCE OF 163.07 FEET TO THE POINT OF BEGINNING;
THENCE S01043'04"W, A DISTANCE OF 384.99 FEET; THENCE
N55°24'54"W, A DISTANCE OF 144.40 FEET; THENCE
S47022'18"W, A DISTANCE OF 98.14 FEET; THENCE
S31030'48"W, A DISTANCE OF 59.44 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF AR STATE HIGHWAY 10;
THENCE N55033'00"W ALONG SAID NORTH RIGHT OF WAY
LINE, A DISTANCE OF 124.45 FEET; THENCE N01051'40"E, A
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DISTANCE OF 365.68 FEET; THENCE S87'11'42"E, A DISTANCE
OF 324.83 FEET TO THE POINT OF BEGINNING. CONTAINING
2.75 ACRES, MORE OR LESS.
SECTION 2. That the preliminary site development plan/plat be approved as
recommended by the Little Rock Planning Commission.
SECTION 3. That the change in zoning classification contemplated for Kings
Seasonal Fireworks Sales — Revised PCD, located at 23800 Highway 10 (Z-7870-13) is
conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article
VII, Section 36-454 (e) of the Code of Ordinances.
SECTION 4. That this Ordinance shall not take effect and be in full force until the
final plan approval.
SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
the City of Little Rock, Arkansas, 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 6. 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 7. Repealed. 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.
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PASSED:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
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City Attorney
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LE NO.: Z-7870-B
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 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF
WARD: NA PLANNING DISTRICT: 29 CENSUS TRACT: 42.01
CURRENT ZONING: PCD
VARIANCE/WAIVERS: None requested.
BACKGROUND:
On May 12, 2002, the Planning Commission denied a Revised PCD request for this site
to allow the seasonal sale of fireworks including the use of a temporary tent structure.
The application was denied due to the poor condition of the site.
FILE NO.: Z-7870-B Cont.
A. PRO POSALIREQUESTIAPPLICANT' 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 previously contained the remains of a
landscaping business which previously occupied the property. This area has
recently been cleaned up and improved with new gravel. 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. UTILITIESIFIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authori : No comments received.
Enteray: No comments received.
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 comment.
Parks and Recreation: No comments received.
County Plan nin�c : No comment.
F. BUILDING CODESILANDSCAPE:
Building Code: No comments received.
Landsca: No comment.
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FILE NO.: Z-7870-B Cont.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Plannina Division:
The request is in the Barrett Planning District. The Land Use Plan shows
Commercial (C) for the requested area. 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. The application is to rezone
from PCD (Planned Commercial Development) to PCD (Planned Commercial
Development). The request is to allow the sales of fireworks on the site.
Surrounding the application area, are developed and undeveloped Residential
Low Density (RL) tracts. 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. To the east along both sides of
Hwy 10 is shown areas of undeveloped Residential Medium Density (RM). This
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. 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.
This site is within the Highway 10 Design Overlay District.
Master Street Plan:
The Master Street Plan Map shows Highway 10 to be a Principal Arterial: Principal
Arterials are roads designed to serve through traffic and to connect major traffic
generators or activity centers within urbanized areas. Right of way of 110 feet is
required. Sidewalks are required on both sides. This street may require dedication
of additional right-of-way and may require street improvements.
Bicycle Plan:
Highway 10 is shown on the Master Bike Plan Map with a proposed Class 1 Bike
Path. Class I Bike Paths are a route designated for the sole use of bicycles that is
physically separated from vehicular lanes.
Historic Preservation Plan:
There are no Historic Sites or Districts in vicinity.
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FILE NO.: Z-7870-B (Cont.
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. The
middle portion of the overall property previously contained the remains of a
landscaping business which previously occupied the property. This area has
recently been cleaned up and improved with new gravel. 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, proposed tent structure and
parking areas. The applicant has improved the condition of the access drive and
the parking area with the addition of a new gravel overlay infilling potholes and
uneven surfaces. The applicant has extended the improvements to the northern
portion of the site to include the proposed parking area, proposed location of the
sales tent along with removal of deteriorated fencing and debris from the overall
site. Staff believes that the improved condition of the drive, parking area, and
overall site are appropriate to allow 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, 2023, and removed
on July 10, 2023. Sales of fireworks will occur between June 24, 2023, through
July 5, 2023. 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 area has been improved with a
layer of gravel eliminating potholes and uneven areas.
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 supportive of the requested Revised PCD zoning. The applicants
proposed use of the site is similar to the intensity of other uses in the area.
Staff believes the proposed short term temporary use will have no adverse
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FILE NO.: Z-7870-B (Cont.
impact on the surrounding properties. The applicant has improve the property
in order to provide safe ingress, egress and parking for the temporary sales use.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested Revised PCD zoning, subject to
compliance with the comments and conditionals outlined in paragraph E, and
the staff analysis, of the agenda and staff report.
PLANNING COMMISSION ACTION:
(MARCH 9, 2023)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "staff
recommendation" above. The item remained on the consent agenda for approval as
recommended by staff, including all staff comments and conditions. The vote was 9 ayes,
0 nays, 1 absent and 1 abstain (Brown).
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