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HomeMy WebLinkAboutPC Minutes for Z-9766 032123March 9, 2023 ITEM NO.: 17 FILE NO.: Z-9766 NAME: Moreno Event Center – PCD LOCATION: 13008 West Markham Street DEVELOPER: Raul Moreno (Owner) 13008 West Markham Street Little Rock, AR 72211 (559) 351-7683 OWNER/AUTHORIZED AGENT: Raul Moreno (Owner) Mark Redder (Agent) Holloway Engineering 200 Casey Drive Maumelle, AR 72213 (501) 851-3366 SURVEYOR/ENGINEER: Holloway Engineering 200 Casey Drive Maumelle, AR 72213 (501) 851-3366 AREA: 0.61 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 6 PLANNING DISTRICT: 18 CENSUS TRACT: 42.18 CURRENT ZONING: O-3 VARIANCE/WAIVERS: No variances requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.61-acre property from “O-3” General Office District to “PCD” Planned Commercial Development to allow the use of an existing 3,606 square foot residential structure as an events venue. The property is located at 13008 West Markham Street, at the southwest corner of West Markham Street and Gamble Road. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 2 B. EXISTING CONDITIONS: The property is currently developed containing a 3,606 square foot residential structure with a paved access drive connecting to West Markham Street along the north perimeter of the property and chain link fence enclosing the rear (south) lawn area. 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: 1. Any work involving one (1) or more acres of disturbed area requires a State of Arkansas NPDES permit. Contact the Arkansas Department of Environmental Quality, NPDES branch at 501-682-0744 for applications and information about General Stormwater Discharge Construction Permit #ARR150000. 2. Per City Rev. Code 29-99, stormwater detention for developments is required. Provide stormwater detention infrastructure to satisfy this requirement. Exception to this requirement is described in City Code 29-100: “If an existing site with an existing coefficient of runoff of 1.0 (totally impervious) is developed, no on-site detention or in-lieu fee for detention is required. Also, if an existing site is developed whereby the coefficient of runoff is reduced to a lesser value, no on-site detention or in-lieu fee is required.” 3. A drainage study showing all hydrologic and hydraulic calculations for the proposed storm sewer pipe system, detention ponds and structures, and inlets is required. For final drainage report, sign, date, and seal the report per AR State Board of Professional Engineers and Professional Surveyors rules Article 12, Section B (1) (a). Provide engineer's certification statement saying this drainage report was conducted by yourself or directly under your supervision and attesting to the accuracy of the information within. 4. The Department requires three (3) phase sediment and erosion control (SEC) plans to be submitted for all construction projects showing best management practices (BMPs) for mitigating sediment runoff and erosion along with vegetation specifications for temporary and permanent soil stabilization. Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing, grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC BMPs during construction of utilities, buildings, roadway infrastructure and drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final grading, seeding, and landscaping of the site. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 3 5. Sediment and Erosion Control plans shall also show the pertinent information as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part II section A-4-I-2 (A-B). 6. Damage to public and private property due to hauling operations or operations of construction related equipment from a construction site shall be repaired by the responsible party prior to the issuance of a certificate of occupancy. 7. Markham Street is classified as a collector per City’s Master Street Plan. Therefore, dedication of sixty (60) feet of total right of way from centerline of Markham Street per master street plan is required. 8. Per City Code 31-206 (f), “Property line corners at street intersections shall be rounded with a radius of at least twenty (20) feet.” 9. Provide accessible route from the accessible parking stall aisle to existing building’s entrance in accordance with Section 402 & 502 of ICC A117.1- 2017 and 2012 Arkansas Fire Prevention Code Sections 1104. 10. Existing building shall meet all accessibility requirements as outlined in Section 3411.4.2 in the 2012 Arkansas Fire Prevention Code. 11. A building permit will be required for both the proposed 20 ft. by 40 ft. pavilion and the proposed parking lot from the Department of Planning and Development. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Entergy: No comments received. Summit Energy: No comment. AT & T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 4 Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water's material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of Customer Owned Line Agreement is required. Fire Department: No comment. Parks and Recreation: No comments received. County Planning: No comment. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: 1. Any new site development must comply with the City’s minimal landscape and buffer ordinance requirements. 2. A land use buffer equivalent to six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the east is zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. In addition to the required screening, buffers are to be landscaped at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-81. 3. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (½) the full width requirement but in no case be less than nine (9) feet. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 5 4. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property, or the right-of-way of any street. This strip shall be at least nine (9) feet wide. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. 5. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 6. The interior landscape area of the vehicular use area shall, at a minimum, equal eight percent (8%) of the vehicular use area and must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). The minimum size of an interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred fifty (150) or fewer parking spaces. Interior islands must be a minimum seven and one half (7 1/2) feet in width. Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12) parking spaces. 7. An automatic irrigation system to water landscaped areas shall be required for developments of one (1) acre or larger. Developments of less than one (1) acre shall have a water source within seventy-five (75) feet of the plants to be irrigated. 8. Development of sites two (2) acres or less requires the landscape plan be prepared by a design professional. The development of two (2) acres or more requires the landscape plan to be stamped with the seal of a Registered Landscape Architect. 9. 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. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Ellis Mountain Planning District. The Land Use Plan shows Office (O) for the requested area. The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The application is to rezone from O-3 (General Office District) to PCD (Planned Commercial Development). The request is for a special events center on this site. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 6 Surrounding the application area to the south, east and west is Office (O) designated land. To the south and west are professional and business offices, with a faith-based institution to the east. Further to the west and south is Residential High Density (RH) developed with apartments. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. Across West Markham Street to the north is Commercial (C) land, developed with an auto dealership and strip commercial center. Master Street Plan: West Markham Street and Gamble Road are shown on the Master Street Plan Map as Collectors. A Collector is a road designed to connect traffic from Local Streets to Arterials or to activity centers, with the secondary function of providing access to adjoining property. Right of way is 60’. Sidewalks are required on one side of Collectors. These streets may require dedication of additional right-of-way and may require street improvements. Bicycle Plan: The Master Bike Plan Map does not show existing or proposed facilities in this area. Historic Preservation Plan: There are no historic sites or districts in the vicinity. H. ANALYSIS: The applicant proposes to rezone the 0.61-acre property from “O-3” General Office District to “PCD” Planned Commercial Development to allow the use of an existing 3,606 square foot residential structure as an events venue. The property is located at 13008 West Markham Street, at the southwest corner of West Markham Street and Gamble Road. The property is currently developed containing a 3,606 square foot residential structure with a paved access drive connecting to West Markham Street along the north perimeter of the property and chain link fence enclosing the rear (south) lawn area. The applicant proposes to host events such as wedding receptions, birthday parties, business meetings, luncheons, and small get-togethers. The applicant proposes to have hours of operation for the office between 8:00 a.m. to 5:00 p.m. Monday through Friday and 7 p.m. to 1:00 a.m. Friday through Sunday for events. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 7 The applicant notes that there will be no ticketed events and that the structure has a current estimated maximum occupancy of 60. The applicant proposes to construct a new paved fifteen (15) space parking lot connecting to the existing paved access drive along the north perimeter of the property between the structure and West Markham Street to the north. Staff believes the proposed number of parking spaces is not sufficient to support the sixty (60) person maximum proposed occupancy for the proposed events venue. The applicant proposes to construct a new 20 foot by 40 foot pavilion in the rear (south) yard area of the property near the southwest corner of the site. The pavilion will be open air and have an area at the west end to permanently house a sixteen (16) foot food vending truck. The applicant notes that the proposed food vending truck will be permanently located in the pavilion and be open to the public Monday through Friday from 8 a.m.-5 p.m. and available for any scheduled events Friday through Sunday from 7 p.m.-1 a.m. The applicant notes that alcohol and food service options will be made available on site for events per all applicable regulations. The applicant also notes that live music will be optional for the events and be required to confirm to city sound ordinance regulations. The applicant notes that the existing chain link fence enclosing the rear (south) yard area of the property will be removed and a new decorative block privacy wall will be constructed as a sound barrier. The proposed site plan shows a proposed dumpster located at the northwest corner of the structure. The dumpster must be screened as per Section 36-523 of the City’s Zoning Ordinance. All new site lighting is low level and directed away from adjacent properties per ordinance requirements. The site plan shows a new sign located at the northeast corner of the property adjacent to the West Markham Street and the Gamble Road intersection. All new signage on the property must comply with Section 36-555 of the zoning ordinance (signs permitted in Commercial zones). The applicant provided responses and additional information to all issues raised during staff’s review of the application. The applicant requested no variances with the proposed “PCD” Planned Commercial Development. Staff is not supportive of the requested “PCD” Planned Commercial Development to allow the development of an event venue in the existing residential structure at 13008 West Markham Street. Staff does not view the request as reasonable. March 9, 2023 ITEM NO.: 17 (Cont.) FILE NO.: Z-9766 8 The City’s Future Land Use Plan shows the property and surrounding properties south of West Markham Street as “O” Office and “RH” Residential High Density. The property is currently bordered by “O-3” Office and “R-2” Residential uses on the adjacent properties to the west, east, and south with large Commercial zoned properties to the north across West Markham Street. Staff believes that the proposed parking is insufficient to support the proposed occupancy of the structure and the location of the proposed parking area shown on the submitted site plan does not allow for the required perimeter buffers and landscaping along the West Markham Street and Gamble Road corridors. Staff believes the proposed event center use is too intense for the site and that this small property is better suited for a small office or similar type use. Staff believes the intensity of the proposed use, and the lack of off-street parking will have an adverse impact on the surrounding properties. I. STAFF RECOMMENDATION: Staff recommends denial of the requested PCD rezoning. PLANNING COMMISSION ACTION: (MARCH 9, 2023) Raul Moreno was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Raul Moreno addressed the Commission representing the application. He briefly described the project, noting that the proposed parking layout would accommodate the proposed event center use and that he was not clear on why a buffer was required for the site. Planning Director Jamie Collins addressed the Commission stating that the site required a buffer along West Markham Street and that the recommendation of denial was based on multiple factors such as: the location of the food truck and it’s access, the location of a retaining wall bordering West Markham Street and Gamble Road, and the proposed parking area was not shown to accommodate the stated occupancy of the structure. Raul Moreno addressed the Commission representing the application. He requested that the application be deferred to the April 13, 2023 agenda so that he had an opportunity to address the concerns outlined in the staff report. There was a motion to approve the application be deferred to the April 13, 2023 agenda. The motion passed by a vote of 10 ayes, 0 nays, and 1 absent. The deferral was approved.