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HomeMy WebLinkAboutZ-7840 Staff AnalysisMay 26, 2005 ITEM NO.: 19 FILE NO.: Z-7840 NAME: McIntyre Short -form PCD LOCATION: Located at 21924 Highway 10 DEVELOPER: Barbara McIntyre 45 Valley Creek Drive Perryville, AR 72126 ENGINEER: Arkansas Surveying and Consulting 15825 Childress Road Bauxite, AR 72011 AREA: 1.2 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family Residential PD -C Seasonal Sale of Fireworks VARIAN CESMAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: FT, NEW STREET: 0 LF The applicant is seeking a rezoning of the site from R-2, Single-family to PCD to allow the sale of fireworks from the site once a year. The applicant has indicated no construction will take place on the site. The fireworks will be sold from a tent which will be erected prior to the sales beginning and removed once the sales are completed. The applicant has indicated the existing grass covered site will be used and no paving or gravel is being proposed for the parking area. The applicant has indicated the fireworks will be sold from June 20th to July 5th from 8:00 am to 10:00 pm daily. The applicant has indicated an employee will remain on site 24 -hours per day for security. May 26, 2005 SUBDIVISION ITEM NO.: 19 (Cont. FILE NO.: Z - The applicant has indicated the site is a vacant tract and a portion of the site is located in the flood plain. The applicant has also indicated the site tends to flood during heavy rain. The applicant has indicated the requested approval is limited to three years from the date of approval by the City. The applicant has indicated a three year lease agreement has been executed on the site and upon the expiration of the lease agreement it will no longer be marketed for this specific purpose. B. EXISTING CONDITIONS: The site is vacant and grass covered. To the east of the site is an area zoned PD -1 and used as a contractor's storage yard. There is also a commercial building located within the PD -I zoned property currently being used with C-3, General Commercial District uses. To the west of the site is an area zoned AF — Agricultural and Forestry. This site is also vacant and tree covered. South of,the site, across Highway 10, are single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All owners of property located within 200 -feet of the site and all residents, who could be identified, located within 300 -feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: No comment, providing there are no site modifications or construction of structures for the seasonal sale of fireworks. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNI Wastewater: The development is located outside the service boundary. No comment. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge 2 May 26, 2005 SUBDIVISION ITEM NO.: 19 Cont. FILE NO.: Z-7840 based on the size of the connection(s) will apply to this project in addition to normal charges. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Approval of the City of Little Rock is required in order for this property to obtain water service. Fire Department: The Little Rock Fire Department opposes the sale of fireworks. The site is located outside the service boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed development along with a statement concerning their ability and willingness tc serve the proposed use of the property. County Planning: No comment received. CATA: The site is not located on a dedicated CATA bus route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Barrett Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a PCD (Planned Commercial Development) for operation of a seasonal fireworks stand. Since this is only a temporary use and will be used for only a small part of the year and is in a temporary structure, a Land Use Plan is not required Bicycle Plan: A Class II bikeway is shown on Highway 10 adjacent to the site. A Class II bikeway is located on the street as either a 5' shoulder or six foot marked bike lane. Additional paving and right of way may be required. Entrances and exits to the site should be minimal as to not conflict with the bicycle path. Master Street Plan: Highway 10 is shown as a Principal Arterial on the Master Street Plan and is built as a two lane rural highway through this section. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Access directly to the Principal Arterial should be limited. Highway 10 may require dedication of right-of-way and may require street improvements. 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. 3 May 26, 2005 SUBDIVISION ITEM NO.: 19 Cont. FILE NO.: Z-7840 G. SUBDIVISION COMMITTEE COMMENT: (May 5, 2005) Ms. Barbara McIntyre was present representing the request. Staff presented an overview of the request indicating no building construction was being proposed. Staff stated the applicant was requesting the placement of a tent on the site to be utilized once a year to sell fireworks for the Fourth of July. Staff questioned the number of days the site would be utilized. Ms. McIntyre stated the site would be utilized for a maximum of fifteen days per year. She also stated the requested approval was for a maximum of three years. Staff questioned if any paving was being proposed on the site. Ms. McIntyre stated paving was not being proposed with the current request. Public Works comments were addressed. Staff stated since no construction was being proposed, there were no improvements required. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter addressing issues raised at the May 5, 2005, Subdivision Committee meeting. The applicant has submitted a letter from West Pulaski Fire District indicating their knowledge of the proposed request and their ability to serve the proposed development. The applicant has also indicated the days and hours of operation for the proposed sale of fireworks. The applicant has indicated the fireworks will be sold from June 20th to July 5th from 8:00 am to 10:00 pm daily. The applicant has also indicated an employee will remain on site 24 -hours per day for security. The applicant has indicated the requested approval is limited to three years from the date of approval by the City. The applicant has indicated a three year lease agreement has been executed on the site and upon the expiration of the lease agreement, it will no longer be marketed for the sale of fireworks. Staff is not supportive of the request. The site is shown on the City's Future Land Use Plan as Single-family and staff feels this site is not appropriate for a commercial use. The property to the east was previously approved as a Planned Industrial Development to recognize an existing use, a contractor's storage yard. The approval also allowed an existing commercial building to be marketed for C-3, General Commercial District uses. The property to the west is zoned AF, Agricultural and Forestry and is shown as Single-family on the Future Land Use Plan. El May 26, 2005 SUBDIVISION ITEM NO.: 19 Cont.) FILE NO.: Z-7840 There are areas designated on the City's Future Land Use Plan as well as areas zoned for commercial activities in the area, which have yet to develop. Staff feels a rezoning of the site for a commercial use is inappropriate and premature. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 26, 2005) Ms. Barbara McIntyre was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial. Ms. McIntyre addressed the Commission on the merits of her request. She stated the proposal was to allow the sale of fireworks from the site for three years, four including the current season. She stated the request was for a limited time, from June 20th to July 5th. She stated the site would have 24-hour security. She stated the same persons leased the site from her last year for the sale of fireworks and they mowed the site for her, erected a tent on the site and cleaned the site after the sale of the fireworks. She stated she had an approval letter from the area volunteer fire department. There was a general discussion concerning the proposed request. The Commission questioned if the site was located within the City limits. Staff stated the site was located near the City limits but was within the extraterritorial planning jurisdiction. Staff stated the fireworks sales were set up on the site the previous year and the merchants were issued a notice. The Commission questioned Ms. McIntyre what her loss would be if the rezoning were not approved. Ms. McIntyre stated only the loss of revenue. A motion was made to approve the request. The motion failed by a vote of 2 ayes, 6 noes and 3 absent. 5 ITEM NO.: 19 NAME: McIntyre Short -form PCD LOCATION: located at 21924 Highway 10 Planning Staff Comments:. 1. 2. 3. 4. 61 FILE NO.: Z-7840 Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. Is the indicated parking proposed as a gravel parking area or some form of hard surface material? The request includes the use of the site for seasonal fireworks sales. Are there any other or alternative uses being requested? The site plan includes the placement of a tent on the site. Provide the anticipated date the tent will be erected, the total number of days the tent will be in place and the removal of the tent from the site, provide the hours of operation for the site during the time of sales. The site plan and the survey indicate the zoning of the properties located to the east and west of the site. The property to the east is zoned PD -1 to allow for a contractors storage yard which is to be totally screened from the adjoining properties and the roadway. The property to the west is zoned AF or Agriculture and Forestry. Variance/Waivers: None requested. Public Works Conditions: 1. No comment, providing there are no site modifications or construction of structures for the seasonal sale of fireworks. Utilities and Fire Department/County Planning: Wastewater: The development is located outside the service boundary. No comment. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A Capital Investment Charge based on the size of the connection(s) will apply to this project in addition to normal charges. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Approval of the City of Little Rock is required in order for this property to obtain water service. Fire Department: The site is located outside the service boundary. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed development along with a statement concerning their ability and willingness to serve the proposed use of the property. County Planning: CATA: Planning Division: Landscape: Revised plat/plan. Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, May 11, 2005.