HomeMy WebLinkAboutBOD Staff Report 090523OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
AUGUST 15, 2023 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled
Williams — PD-I (Z-9802)
located at 4700 Mabelvale
Pike.
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
q Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The applicant proposes to rezone the 0.53 acre property
from "R-2" Single Family District to "PD-I" Planned
District — Industrial to allow a commercial fence company.
I None
Approval of the Ordinance
The applicant is proposes to rezone a 0.53 acre site from R-
2 to PD-I to allow the site to be used as a commercial fence
company to fabricate fences and gates (black iron fencing).
The applicant is proposing no additional uses with this
application.
This site is fully in the Fourche Creek floodway. The
abutting tract on the west is zoned I-2 Light Industrial and
is wooded but owned by the City. To the east, across
Mabelvale Pike, is a closed landfill. The site has operated
as a non -conforming use being annexed into the City of
Little Rock in 2001.
BACKGROUND
CONTINUED
The property contains an existing 4,912 square foot, sheet -
metal -style framed building, triangular in shape and sits
back from Mabelvale Pike. The front entrance and three
(3) bay doors face south towards the main street. An
existing storage structure is located on the western portion
and rear (south) portion of the property. The remaining site
is primarily clear and contains several trees throughout the
property. It is currently fenced with a chain link to secure
the property.
The hours of operation will be from 9:00am to 5:30pm,
Monday thru Friday with half a day on Saturday. The
actual making of the fencing will be contained inside the
building. There will be no outside storage of equipment or
materials. All materials will be stored inside the building.
The applicant notes this is a two (2) man operation with
orders and estimates taking place over the phone and at the
customer's location. Staff feels the existing parking is
sufficient to serve the use.
Access is provided via a concrete driveway extending from
Mabelvale Pike leading to a triangular -shaped asphalt
paved area which may be used for parking and delivery of
materials.
The applicant notes the all signage will comply with
Section 36-554 (signs permitted in industrial zones).
There will not be a dumpster on -site. All trash would be
limited to scrap metal which will be resold to scrap metal
shops.
The applicant is proposing no additional lighting at this
time. Any future site lighting must be low-level and
directed away from adjacent properties.
On July 13, 2023, the Planning Commission voted 8 ayes,
0 noes, 2 absent and 1 open position, to approve the PD-I
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 DISTRICT
— INDUSTRIAL TITLED WILLIAMS — PD-I, LOCATED AT 4700
MABELVALE PIKE (Z-9802), 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 R-2, Single Family Residential District, to PD-I, Planned District — Industrial:
Z-9802 — Described as a part of the N1/2 of the SWIA of the NE1/4,
Section 19, T-1-N, R-12-W, Pulaski County, Arkansas, more
particularly described as follows, to -wit: Beginning at the NE corner
of the SE1/4 of the SE1/4 of the NWIA (the NW corner of the N1/2 of
the SWIA of the NE1/4) said Section 19; thence S01101W, along the
West of the said N1/2 SW1/4 NE1/4 for 193.0 feet to a point on the
Westerly right of way line of Mabelvale Pike; thence Northeasterly
along the Westerly right of way line of Mabelvale Pike, 210.0 feet, more
or less to a point; thence N69114'W, for 181.0 feet to the point of
beginning.
SECTION 2. That the preliminary site development plan/plat be approved as
recommended by the Little Rock Planning Commission.
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SECTION 3. That the change in zoning classification contemplated for Williams
— PD-I, located at 4700 Mabelvale Pike (Z-9802) 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.
PASSED:
ATTEST:
City Clerk
APPROVED:
Mayor
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APPROVED AS TO FORM:
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City Attorney
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FILE NO.: Z-9802
NAME: Williams — PD-I
LOCATION: 4700 Mabelvale Pike
Eugenia Williams (Owner)
510 McCright Street
Benton, AR 72015
OWNER/AUTHORIZED AGENT:
Eugenia Williams (Agent)
510 McCright Street
Benton, AR 72015
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.53 acre NUMBER OF LOTS: 1
WARD: 2 PLANNING DISTRICT: 13
CURRENT ZONING: R-2
VARIANCEIWAIVERS: None requested.
A. PROPOSAUREQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
ENSUS TRACT: 20.01
The applicant is proposing to rezone a 0.53 acre site from R-2 to PD-I to allow the
site to be used as a commercial fence company to fabricate fences and gates
(black iron fencing). The applicant is proposing no additional uses with this
application.
B. EXISTING CONDITIONS:
This site is fully in the Fourche Creek floodway. The abutting tract on the west is
zoned 1-2 Light Industrial and is wooded but owned by the City. To the east, across
FILE NO.: Z-9802 Cont.
Mabelvale Pike, is a closed landfill. The site has operated as a non -conforming
use being annexed into the City of Little Rock in 2001.
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. Existing structures lying within the regulatory floodplain district shall adhere to
the restrictions as outlined City Code Sec. 36-341(h)(1)(a,b,c) requirements
therein. Any proposed, new structures shall adhere to City Codes Chapter 13
and City Codes 36- 341(h)(2)(a,b,c,d,e) and require permitting from the City's
floodplain administrator via special flood hazard development permit.
2. For any future construction within the regulatory floodplain, a Special Flood
Hazard Development Permit is required to be obtained prior to beginning
construction. The Special Flood Hazard Development Permit application
can be found at htt s://www.littlerock. ov/cit -administration/cit -
de artmentsl ublic-works/. Special Flood Hazard Development Permits are
issued by the Public Works Department at 701 West Markham Street and no
fee collected for issuance. Contact Vince Floriani in Public Works at
501-371-4823 or VFloriani@littlerock_gov to schedule an appointment for
issuance or to answer any questions.
3. For any future construction within the regulatory floodplain, per City Code
29-186 (c), a grading permit is required for land alteration on properties within
the designated floodplain without exception. Grading permits are issued by
the Planning and Development Dept. at 723 West Markham Street after
approval of sediment and erosion control plans, grading and drainage plans,
land survey, drainage study, and soil loss calculations per City's stormwater
management and drainage manual. Contact Planning and Development
Dept., Engineering Division at 501-371-4817 or at 501-918-5348 or
Permits@littlerock.goto schedule an appointment for issuance or to answer
any questions. Permit cost is based on total project area at $100.00 for the
less than '/2 acre, $200.00 for '/z to 1 acre, and $200.00 for the first acre and
$100.00 for each additional acre for project greater than 1 acre.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authorit : No comments.
Entergy: No comments received.
Summit Utilities: No comments.
AT & T: No comments received.
KA
FILE NO.: Z-9802(Cont.)
Central Arkansas Water: No comments received.
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 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
FILE NO.: Z-9802 Cont.
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
30' Tall Buildings - Maintain aerial fire apparatus access roads as per
Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D105.1
— D105.4
D105.1 Where Required. Where the vertical distance between the grade
plane and the highest roof surface exceed 30', approved aerial fire apparatus
access roads shall be provided. For the purposes of this section the highest roof
surfaces shall be determined by measurement to the eave of a pitched roof, the
intersection of a roof to the exterior wall, or the top of the parapet walls, whichever
is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed with of 26', exclusive of shoulders, in the immediate vicinity of the
building or portion thereof.
D105.3 Proximity to building. At least one of the required access routes
meeting this condition shall be located within a minimum of 15 feet and a maximum
of 30 feet from the building, and shall be positioned parallel to one entire side of
the building. The side of the building on which the aerial fire apparatus access road
is positioned shall be approved by the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located
over the aerial fire apparatus access road or between the aerial fire apparatus road
and the building. Other obstructions shall be permitted to be places with the
approval of the fire code official.
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.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
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FILE NO.: Z-9802(Cont.)
4. Gate components shall be maintained in an operable condition at all times
and replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire code
official.
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
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.
If you have any additional questions please contact our office. Contact
Capt. Tony Rhodes at (501) 918-3757 or Fire Marshal Derek N. Ingram
(501) 918-3756.
Parks and Recreation: No comments received.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Building Codes: No comments received.
Landscape: No comments.
G. TRANSPORTATIONIPLANNING:
Rack Region Metro: No comments received.
Planning Division:
The request is in the 65th Street East Planning District. The Land Use Plan shows
Park/Open Space (PK/OS) for the requested area. The Park/Open Space (PK/OS)
category includes all public parks, recreation facilities, greenbelts, flood plains, and
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FILE NO.: 2-9802 (Cant.
other designated open space and recreational land. The application is to rezone
from R-2 to PD-I for reuse of existing buiilding for fencing company.
Surrounding the application area on all sides the Future Land Use Map shows
PK/OS. This site is fully in the Fourche Creek floodway. The abutting tract on the
west is zoned 1-2 Light Industrial and is wooded but owned by the City. To the
east, across Mabelvale Pike, is a closed landfill.
Master Street Plan:
Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan Map. Minor
Arterials are high volume roads designed to provide connections to and through
an urban area. Curb cuts should be minimized to allow for continuous traffic flow
while still allowing some access to adjoining property. Deceleration Lanes are
required. The standard Right of way is 90 feet. Sidewalks are required on both
sides. This street may require dedication of right-of-way and may require street
improvements.
Bicycle Plan:
Mabelvale Pike has an existing Class I Bicycle 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 the vicinity.
H. ANALYSIS:
The applicant is proposes to rezone a 0.53 acre site from R-2 to PD-I to allow the
site to be used as a commercial fence company to fabricate fences and gates
(black iron fencing). The applicant is proposing no additional uses with this
application.
This site is fully in the Fourche Creek floodway. The abutting tract on the west is
zoned 1-2 Light Industrial and is wooded but owned by the City. To the east, across
Mabelvale Pike, is a closed landfill. The site has operated as a non -conforming
use being annexed into the City of Little Rock in 2001.
The property contains an existing 4,912 square foot, sheet -metal -style framed
building, triangular in shape and sits back from Mabelvale Pike. The front entrance
and three (3) bay doors face south towards the main street. An existing storage
structure is located on the western portion and rear (south) portion of the property.
The remaining site is primarily clear and contains several trees throughout the
property. It is currently fenced with a chain link to secure the property.
FILE NO.: Z-9802(Cont.)
The hours of operation will be from 9:00am to 5:30pm, Monday thru Friday with
half a day on Saturday. The actual making of the fencing will be contained inside
the building. There will be no outside storage of equipment or materials. All
materials will be stored inside the building.
The applicant notes this is a two (2) man operation with orders and estimates
taking place over the phone and at the customer's location. Staff feels the existing
parking is sufficient to serve the use.
Access is provided via a concrete driveway extending from Mabelvale Pike leading
to a triangular -shaped asphalt paved area which may be used for parking and
delivery of materials.
The applicant notes the all signage will comply with Section 36-554 (signs
permitted in industrial zones).
There will not be a dumpster on -site. All trash would be limited to scrap metal
which will be resold to scrap metal shops.
The applicant is proposing no additional lighting at this time. Any future site lighting
must be low-level and directed away from adjacent properties.
Staff is supportive of the requested PD-I rezoning for the proposed use (fence
fabrication business) only. Prior use of the property was an auto related use (Elrod
& Proper Import Services) as late as January 2023. The former landfill across
Mabelvale Pike is inactive. Staff believes that the proposed use will have no
adverse impact on the general area.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested PD-I rezoning, subject to compliance
with the comments and conditions outlined in paragraphs D and E, and the staff
analysis, of the agenda staff report.
PLANNING COMMISSION ACTION: (JULY 13, 2023)
The applicant was present in support of the application. There were no persons
registered in opposition. Staff presented the item and a recommendation of approval as
outlined in the "staff recommendation" above.
Ms. Williams spoke and explained the project to the commission.
Ms. Williams mistakenly had submitted a "registration card" to address the Commission
in support of the application. She was unaware applicants are not required to submit a
card to address the Commission. There was a motion to approve and seconded. The
vote was 8 ayes, 0 nays, 2 absent 1 open position. The application was approved.
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