HomeMy WebLinkAboutBOD Staff Report 040324OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
FEBRUARY 20, 2024 AGENDA
Subject
An Ordinance rezoning
property located at 5400 S.
University Avenue from
"PCD" and "C-3" to "C-4".
(Z-5527-A)
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
4 Ordinance
Resolution
Approval
Information Report
Approved By
Emily Cox
Interim City Manager
The owner of the 2.2 acre property located at 5400 S.
University Avenue is requesting that the zoning be
reclassified from "PCD" Planning Commercial District and
"C-3" General Commercial District to "C-4" Open Display
District.
1 None
Approval of the Ordinance
The applicant proposes to rezone the 2.2 acre property
located at 5400 S. University Avenue from "C-3" General
Commercial District and "PCD" Planned Commercial
District to "C-4" Open Display District. The rezoning is
requested to allow future retail and office -warehouse
development.
The north portion of the property is occupied by a one-story
building and paved parking area, containing auto services
businesses (auto detail and auto wrap). The north portion
of the property backs up to S. 63`d Avenue. The remainder
BACKGROUND
CONTINUED
of the property is undeveloped. The south PCD zoned
portion of the property was approved for auto sales and auto
detail uses in 2011 (Ordinance No. 20,394). This PCD
zoning was never developed.
The City's Future Land Use Plan designates the majority of
this property a "C" Commercial. A smaller portion of the
southern property is designated as "RL" Residential Low
Density. The proposed C-4 zoning will not require an
amendment to the future land use plan.
The applicant will request a waiver of a boundary street
improvements to S. 6311 Avenue with the development of
the subject property. There will be no future access takes
from S. 63`d Avenue. In conjunction with this request, the
applicant will dedicate a 10 foot "no access" easement
along the west property line where adjacent to the S. 63rd
Avenue right-of-way.
On January 11, 2024, the Planning Commission voted
11 ayes, 0 noes and 0 absent, to approve the C-4 rezoning.
There were no objectors present.
All owners of property located within 300 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 RECLASSIFYING PROPERTY
LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF LITTLE ROCK, ARKANSAS;
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 property be and is
hereby changed as indicated:
Z-5527-A — DESCRIBED AS 2.200 ACRES BEING A PART OF
THE SE 1/4 SE 1/4, SECTION 24, T-1-N, R-13-W, PULASKI
COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID
SE 1/4 SE 1/4, THENCE N01°10'34" E — 175.00'; THENCE
S87020'31" E — 109.73'; THENCE N03008'50" E — 162.74';
THENCE S87056'41" E — 115.86'; TO THE POINT OF
BEGINNING; THENCE N01050'42" E — 304.91'; THENCE
S87022'47" E — 105.57'; THENCE NO2°05'00" E — 200.01';
THENCE S87020'45" E — 151.79'; TO A POINT ON THE
WEST RIGHT OF WAY LINE OF UNIVERSITY AVE.;
THENCE ALONG SAID RIGHT OF WAY THE
FOLLOWING: (1) S09009'38" W — 81.20'; (2) S81047'22" E —
25.10'; (3) S09101'39" W—150.00'; (4) S08051'59" W — 114.58';
(5) S08036'20" W— 100.07" THENCE LEAVING SAID RIGHT
Page 1 of 3
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OF WAY; N86131'02" W — 122.71'; THENCE S02°16'14" W —
49.66'; THENCE N87154126" W — 75.91'; THENCE S01°33'05"
W — 10.08'; THENCE N88132119" W — 29.34' BACK TO THE
POINT OF BEGINNING: FROM "PCD" PLANNED
COMMERCIAL DISTRICT AND "C-3" GENERAL
COMMERCIAL DISTRICT TO "C-4" OPEN DISPLAY
DISTRICT. (5400 S. UNIVERSITY AVENUE)
SECTION 2. That the map referred to in Chapter 36 of the Code of Ordinances
of the City of Little Rock 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 3. That the Ordinance shall take effect and be in full force 30 days after
the date of its passage and approval.
SECTION 4. 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 5. Repealer. 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.
Page 2 of 3
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PASSED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
//
//
APPROVED:
Mayor
Page 3 of 3
FILE NO.: Z-5527-A
NAME: Rezoning from PCD and C-3 to C-4
LOCATION: 5400 S. University Avenue
DEVELOPER:
Saleh Ayyeh
5400 S. University Avenue
Little Rock, AR 72209
U Trade, LLC
20 Dressage Lane
Little Rock, AR 72223
OWNER/AUTHORIZED AGENT:
Saleh Ayyeh and U Trade, LLC — Owners
Joe White and Associates — Agent
SURVEYOR/ENGINEER:
Joe White and Associates, Inc.
25 Rahling Circle, Suite A-2
Little Rock, AR 72223
AREA: 2.2 acres
WARD: 7
CURRENT ZONING
VARIANCEM/AIVERS
NUMBER OF LOTS: 3
PLANNING DISTRICT: 12
C-3 and PCD
None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 20.01
The applicant proposes to rezone the 2.2 acre property from C-3 and PCD to C-4
to allow for future retail and office/warehouse development.
FILE NO.: Z-5527-A Cont.
B. EXISTING CONDITIONS:
The north portion of the property is occupied by a one-story building and paved
parking area. The remainder of the property is undeveloped.
C. NEIGHBORHOOD NOTIFICATIONS:
All owners of property located within 300 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 comments.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments.
Entergy: No comments received.
Summit Utilities: 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:
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.
Loadinq
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
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FILE NO.: Z-5527-A Cont.
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
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.
043
FILE NO.: Z-5527-A Cont.)
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.
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.
El
FILE NO.: Z-5527-A Cont.
County Planning: No comments received.
F. BUILDING CODES/LANDSCAPE:
Buildina Codes: No comments received.
Landscape:
1. Any new site development must comply with the City's minimal landscape and
buffer ordinance requirements. Refer to the Code of Ordinances, Chapter 15
Landscaping and Tree Protection, and Chapter 36, Article IX — Buffers and
Screening.
2. Site development plans, with landscape and screening, must be submitted for
review, and approval, prior to site clearing and tree removal.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Plannina Division:
The request is in the 65th Street West Planning District. The Land Use Plan shows
Commercial (C) and Residential Low Density (RL) for the requested area. 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 remains less
than 6 units per acre. The application is to rezone from C-3 to C-4.
Surrounding the application area to the north and south on both sides of University
Avenue is Commercial (C) uses. The Commercial (C) 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.
To the east of the subject site is Residential Low Density (RL) with developed
single-family subdivisions. 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 remains less than 6 units per acre.
This site is not in an Overlay District.
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FILE NO.: Z-5527-A Cont.
Master Street Plan:.
South University Avenue is shown as a Principal Arterial on the Master Street Plan
Map. Principal Arterials are roads designed to serve through traffic and to connect
major traffic generators or activity centers within urbanized areas. Standard Right -
of -Way (ROW) of 110 feet is required. Sidewalks are required on both sides. This
road may need more ROW and/or paving width.
Bicycle Plan:
There are no proposed or existing bicycle facilities in this area.
Historic Preservation Plan:
This property is not a contributing structure and is not located in a Historic District.
H. ANALYSIS:
The applicant proposes to rezone the 2.2 acre property located at 5400 S.
University Avenue from "C-3" General Commercial District and "PCD" Planned
Commercial District to "C-4" Open Display District. The rezoning is requested to
allow future retail and office -warehouse development.
The north portion of the property is occupied by a one-story building and paved
parking area, containing auto services businesses (auto detail and auto wrap).
The north portion of the property backs up to S. 63rd Avenue. The remainder of
the property is undeveloped. The south PCD zoned portion of the property was
approved for auto sales and auto detail uses in 2011 (Ordinance No. 20,394). This
PCD zoning was never developed.
The City's Future Land Use Plan designates the majority of this property a "C"
Commercial. A smaller portion of the southern property is designated as "RL"
Residential Low Density. The proposed C-4 zoning will not require an amendment
to the future land use plan.
The applicant will request a waiver of a boundary street improvements to S. 63rd
Avenue with the development of the subject property. There will be no future
access takes from S. 63rd Avenue. In conjunction with this request, the applicant
will dedicate a 10 foot "no access" easement along the west property line where
adjacent to the S. 63rd Avenue right-of-way.
Staff is supportive of the requested C-4 rezoning. Staff views the request as
reasonable. The proposed C-4 zoning will represent a continuation of the existing
zoning pattern along S. University Avenue. There is existing C-4 zoning located
to the north and south along both sides of S. University Avenue.
0
FILE NO.: Z-5527-A Cont.
STAFF RECOMMENDATION:
Staff recommends approval of the requested C-4 rezoning.
PLANNING COMMISSION ACTION: (JANUARY 11, 2024)
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 analysis"
above. The item remained on the Consent Agenda for Approval. The vote was 11 ayes
and 0 nays. The application was approved.
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