HomeMy WebLinkAboutBOD Staff Report 040924OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
MARCH 19, 2024 AGENDA
Subject
An Ordinance establishing
a Planned Zoning
Development titled
Robertson -Brown Seasonal
Fireworks Sales — PD-C
located at 21924 Highway
10. (Z-7840-A)
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
q Ordinance
Resolution
Approval
Information Report
Approved By
Emily Cox
Interim City Manager
The applicant requests to rezone the 1.39 acre property
from R-2 to PD-C to allow seasonal fireworks sales.
I None
Approval of the Ordinance
The applicant proposes to rezone the property from R-2 to
PD-C to allow for the seasonal sale of fireworks on an
existing 1.39 acre site. The site will contain a tent,
sufficient parking, RV for the caretaker and other
temporary amenities. The property is located within the
Highway 10 Design Overlay District. The property is also
in the City's Extra -Territorial Jurisdiction.
The property is located on the north side Highway 10 and
currently undeveloped, grass covered and contains circular
driveway with access along Highway 10. Trees are present
along the west and north property lines of the site.
Properties in the general area contain a mixture of zoning
and uses.
BACKGROUND
CONTINUED
The site plan shows a 100'x 40' foot tent, RV, dumpster and
a portable toilet in the western quarter of property.
The site plan illustrates a proposed parking plan with forty-
four (44) spaces in the center portion of the site. The
parking lot will be gravel. Staff feels the proposed parking
is sufficient to serve the use.
The proposed setup will be June 10, 1024, and will be
removed by July 10, 2024. The applicant proposes to sell
fireworks from June 10, 2024 through July 5, 2024. Hours
of operation will be from 8:00am to 10:OOpm June 10, 2024
through July 2, 2024 and 8:00am to 12:00 midnight July 3,
2024 and July 4, 2024. The applicant notes the use of the
site will be for a period of five (5) years.
All signage must comply with the Highway 10 Design
Overlay District.
Site lighting must be low-level and directed away from
adjacent properties.
The property is located within the floodplain. The applicant
will need to obtain any permits required for working in the
floodplain form Pulaski County Planning.
On February 8, 2024, the Planning Commission voted
9 ayes, 0 noes and 2 absent, as part of the Consent Agenda,
to approve the PD-C 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 APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT
— COMMERCIAL TITLED ROBERTSON-BROWN SEASONAL
FIREWORKS SALES — PD-C, LOCATED AT 21924 HIGHWAY 10
(Z-7840-A), 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-C, Planned District - Commercial:
Z-7840-A — DESCRIBED AS PART OF THE NW1/4 NW1/4 OF
SECTION 16, AND PART OF THE NE1/4 NE1/4 OF SECTION 17,
TOWNSHIP 2 NORTH, RANGE 14 WEST, LYING NORTH OF
STATE HIGHWAY NO. 10, IN PULASKI COUNTY, ARKANSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE NW1/4 NW1/4 OF SAID
SECTION 16, ON THE NORTH LINE OF THE RIGHT OF WAY OF
SAID STATE HIGHWAY NO. 10, WHICH POINT IS 310.8 FEET
SOUTH 17 DEGREES 27 MINUTES EAST FROM THE
NORTHWEST CORNER OF SAID NW1/4 NW1/4; THENCE NORTH
17 DEGREES 27 MINUTES WEST 310.8 FEET TO THE
NORTHWEST CORNER OF SAID NW1/4 NWIA OF SECTION 16;
THENCE SOUTH 50 DEGREES 02 MINUTES WEST 197.1 FEET;
THENCE SOUTH 9 DEGREES 56 MINUTES EAST 200 FEET TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF STATE
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HIGHWAY NO. 10; THENCE IN AN EASTERLY DIRECTION
ALONG SAID NORTH RIGHT OF WAY LINE 153 FEET; THENCE
SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE 10 FEET;
THENCE IN AN EASTERLY DIRECTION ALONG SAID RIGHT
OF WAY 57 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS, BUILDING LINES,
RESTRICTIONS AND ASSESSMENTS OF RECORD, IF ANY.
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
Robertson -Brown Seasonal Fireworks Sales — PD-C, located at 21924 Highway 10
(Z-7840-A) 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.
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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 AS TO FORM:
City Attorney
//
//
APPROVED:
Mayor
Page 3 of 3
FILE NO.: Z-7840-A
NAME: Robertson -Brown Seasonal Firework Sales — Revised PD-C
LOCATION: 21924 Highway 10
nF=\/FI npFR•
Steve Giles (Agent)
Wright, Lindsey & Jennings Attorneys
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201
(501) 371-0808
OWNER/AUTHORIZED AGENT:
Robertson -Brown Properties, LLC (Owner)
14109 Taylor Loop Road
Little Rock, AR 72223
SURVEYOR/ENGINEER:
Arkansas Surveying & Consulting
16826 Childress Road
Bauxite, AR 72011
AREA: 2.75 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF
WARD: N/A PLANNING DISTRICT: 29 CENSUS TRACT: 42.01
CURRENT ZONING: R-2
VARIANCE/WAIVERS: None requested.
BACKGROUND
On May 26, 2005, the Planning Commission denied to rezone the property from R-2 to
PD-C to allow seasonal fireworks sales including the use of a temporary tent structure.
The application was denied due to the poor condition of the site.
FILE NO.: Z-7840-A Cont.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
The applicant proposes to rezone the property from R-2 to PD-C to allow for the
seasonal sale of fireworks on an existing 1.39 acre site. The site will contain a
tent, sufficient parking, RV for the caretaker and other temporary amenities. The
property is located within the Highway 10 Design Overlay District. The property is
also in the City's Extra -Territorial Jurisdiction.
B. EXISTING CONDITIONS:
The property is located on the north side Highway 10 and currently undeveloped,
grass covered and contains circular driveway with access along Highway 10.
Trees are present along the west and north property lines of the site. Properties
in the general area contain a mixture of zoning and uses.
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:
1. Whenever access to State Highways is needed for residential or commercial
purposes, an access driveway permit is required. These permits are issued
by the Permit officer for the District in which the driveway will be located.
Please contact ARDOT District 6 permit officer at 501-569-2266.
2. A special permit is issued for work on the Arkansas Department of
Transportation right of way that is not an access driveway. The permit is
issued by the Permit officer for the District in which the special permit is
requested. Please contact ARDOT District 6 permit officer at 501-569-2266.
3. Property is located within 100-year regulatory floodplain per FEMA FIRM
panel. Therefore, any clearing, grading, land alteration and/or development
on this property will need to be permitted by the floodplain administrator for
the Pulaski County Department of Planning and Development. Any other
permits on site required for development will be required by the Pulaski
County Department of Planning and Development. Contact Pulaski County
Planning and Development by phone at 501-340-8260 for information
regarding Flood Plain development, permits and fees.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: No comments.
Entergy: No comments received.
K
FILE NO.: Z-7840-A (Cont.
Summit Energy: No comments.
AT & T: No comments.
Central Arkansas Water:
All Central Arkansas Water requirements in effect at the time of request for
water service must be met.
Fire Department: No comments.
Parks and Recreation: No comments received.
County Planning:
1. Site is located within the 100-year floodplain. Additional comments will be
provided if any permanent facilities be constructed on the property. The County
will need to issue a flood permit for the gravel parking and any additional site
work that is part of this application.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division: No comments.
H. ANALYSIS:
The applicant proposes to rezone the property from R-2 to PD-C to allow for the
seasonal sale of fireworks on an existing 1.39 acre site. The site will contain a
tent, sufficient parking, RV for the caretaker and other temporary amenities. The
property is located within the Highway 10 Design Overlay District. The property is
also in the City's Extra -Territorial Jurisdiction.
The property is located on the north side Highway 10 and currently undeveloped,
grass covered and contains circular driveway with access along Highway 10.
Trees are present along the west and north property lines of the site. Properties
in the general area contain a mixture of zoning and uses.
The site plan shows a 100'x 40' foot tent, RV, dumpster and a portable toilet in the
western quarter of property.
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FILE NO.: Z-7840-A (Cont.
The site plan illustrates a proposed parking plan with forty-four (44) spaces in the
center portion of the site. The parking lot will be gravel. Staff feels the proposed
parking is sufficient to serve the use.
The proposed setup will be June 10, 1024, and will be removed by July 10, 2024.
The applicant proposes to sell fireworks from June 10, 2024 through July 5, 2024.
Hours of operation will be from 8:OOam to 10:00pm June 10, 2024 through July 2,
2024 and 8:OOam to 12:00 midnight July 3, 2024 and July 4, 2024. The applicant
notes the use of the site will be for a period of five (5) years.
All signage must comply with the Highway 10 Design Overlay District.
Site lighting must be low-level and directed away from adjacent properties.
The property is located within the floodplain. The applicant will need to obtain any
permits required for working in the floodplain form Pulaski County Planning.
Staff is supportive of the requested PD-C rezoning. The applicant is requesting no
variances with this application. The applicant's proposed use of the site is similar
to the intensity of other temporary fireworks sales in the area. Staff believes the
proposed short-term, temporary use will have no adverse impact on the
surrounding properties.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Revised PD-C zoning, subject to
compliance with the comments and conditionals outlined in paragraphs D and E,
and the staff analysis, of the agenda and staff report.
PLANNING COMMISSION ACTION: (FEBRUARY 8, 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 9 ayes,
0 nays and 2 absent. The application was approved.
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