HomeMy WebLinkAboutBOD Staff Report 050724OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
APRIL 16, 2024 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled Master
Company — PD-C located at
9911 West Markham Street.
(Z-9858)
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 applicant requests to rezone the 0.22 acre property
from "0-3" to "PD-C" to allow an existing building to be
utilized as a convenience store.
I None
Approval of the Ordinance
The applicant is requesting to rezone a 0.22 acre site from
0-3 to PD-C to allow the existing building to be utilized as
a convenience store. The applicant is not proposing to
include alcohol sales as part of this rezoning request.
The site contains an existing 1,508 square foot residential
building. The property was formerly commercially utilized
by Fletcher Property Management, Inc.
The property has paved parking and drive through lane
ingress along W. Markham Street. The drive through lane
exits on the south side of the building along Oak Lane. The
applicant intends to install a drive-thru window on the south
BACKGROUND
CONTINUED
side of the building and notes an agreement with the
adjacent property owner to the west will include a shared
access easement to facilitate the drive-thru lane/traffic.
Operating hours will be from 6:00am to 12:00am seven
days a week.
The applicant proposes to utilize the existing parking spaces
on the site. Parking shall also comply with required ADA
standards. Staff feels the existing parking is sufficient to
serve the use.
A dumpster is not shown on the site plan. Any dumpster
installed on the site shall be screened comply with Section
36-523(d) of the City's Zoning Ordinance.
The applicant is not proposing any signage at this time. All
signs shall conform to Section 36-555 of the City's Zoning
Ordinance (signs permitted in commercial zones).
The applicant is not proposing additional lighting at this
time. Any new site lighting shall be low-level and directed
away from adjacent properties.
On March 14, 2024, the Planning Commission voted
8 ayes, 3 noes and 0 absent, to approve the PD-C rezoning.
There were three (3) objectors present.
The objectors present raised concerns with public safety,
traffic and possible crime.
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 MASTER COMPANY — PD-C,
LOCATED AT 9911 WEST MARKHAM STREET (Z-9858), 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 0-3, General Office District, to PD-C, Planned District - Commercial:
Z-9858 — Described as a part of Lot 8, WEST MARKHAM STREET
SUBDIVISION, Pulaski County, Arkansas, described as follows:
Beginning at a point on the North line of said Lot 8, which is 100 feet
East of the NW corner of said Lot 8; thence East along said North line
of 91.5 feet to the West right of way line of Oak Lane Drive; thence South
along the West right of way line of Oak Lane Drive, 105 feet; thence
West 91.5 feet; thence North 105 feet to the point of beginning.
LESS AND EXCEPT that part taken by Arkansas State Highway
Commission, Parcel No. 44L0470005100.
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 Master
Company — PD-C, located at 9911 West Markham (Z-9858) 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: APPROVED:
City Clerk
Mayor
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APPROVED AS TO FORM:
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City Attorney
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FILE NO.: Z-9858
NAME: Master Company — PD-C
LOCATION: 9911 W. Markham Street
DEVELOPER:
Master Company, LLC (Owner)
8110 Scott Hamilton Drive
Little Rock, AR 72209
OWNER/AUTHORIZED AGENT:
Master Company, LLC
8110 Scott Hamilton Drive
Little Rock, AR 72209
SURVEYOR/ENGINEER:
Brooks Surveying, Inc.
20820 Arch Street Pike
Hensley, AR 72065
AREA: 0.22 acre
WARD: 6
CURRENT ZONING
NUMBER OF LOTS: 1
PLANNING DISTRICT: 2
O-3
VARIANCE/WAIVERS: None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 22.08
The applicant is requesting to rezone a 0.22 acre site from 0-3 to PD-C to allow
the existing building to be utilized as a convenience store. The applicant is not
proposing to include alcohol sales as part of this rezoning request.
B. EXISTING CONDITIONS:
The site contains an existing 1,508 square foot residential building. The property
was formerly utilized as a commercial use for Fletcher Property Management, Inc.
FILE NO.: Z-9858 (Cont.)
The property has paved parking and a drive through lane ingress along W.
Markham Street. The drive through lane exits on the south side of the building
along Oak Lane. There is a mixture of zoning and uses in all directions.
C. NEIGHBORHOOD COMMENTS:
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 -
Contact Planning and Development Dept., Engineering Division at
501-371-4817 or at 501-918-5348 for inspections of any work in the public
right-of-way prior to placement of concrete or asphalt or for on -site clarification
of requirements prior to commencing work. Failure to do so can result in
removal of any improperly placed concrete or asphalt at the expense of the
owner or contractor.
2. 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.
3. 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-4-1-2 (A-B).
4. A drainage study showing all hydrologic calculations for the site and all
hydraulic calculations for the proposed storm sewer pipe system, swales and
ditches, detention ponds, outlet structures, and inlets is required per City's
stormwater management and drainage manual. 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 this report. 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 this report.
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FILE NO.: Z-9858 Cont.
5. Provide accessible route from the accessible parking stalls' aisles to
proposed buildings' entrances in accordance with Section 402 & 502 of ICC
A117.1-2017 and 2021 Arkansas Fire Prevention Code Sections 1104.
6. Provide accessible route from public right of way to proposed buildings'
entrances in accordance with Section 402 & 502 of ICC A117.1-2017 and
2021 Arkansas Fire Prevention Code Sections 1104.
7. Accessible parking spaces, accessible aisle, and accessible route from
accessible aisle and from the public right of way to building's entrance shall
meet all accessibility code requirements listed in ICC A117.1-2017 and 2021
Arkansas Fire Prevention Code.
8. No new driveway entrances along Markham Street will be allowed.
Therefore, access from Markham Street shall be from the existing driveway
along the western property line via a new access easement.
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: 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: No comments received-
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape:
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.
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FILE NO.: Z-9858 (Cont.)
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. 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 required screening shall
extend the full length of a property where any outside activity is located for
ten (10) feet on either side of such activity. The activities to be screened
include, but are not limited to, parking lots, drives, sanitation areas,
commercial static display of merchandise, loading docks, utility service
facilities and heating and air conditioning equipment. Where development
which requires screening abuts land use of a more restrictive nature at least
eighty (80) percent of the view of the vehicular use area and parked vehicles
shall be screened to not be visible when viewed from the adjacent property.
A wooden fence may satisfy sixty-five (65) percent of the requirement and
evergreen trees may be used to satisfy the balance. Screening standards
are intended to apply during all seasons of the year. A minimum of fifty (50)
percent of the trees and a minimum of seventy-five (75) percent of the shrubs
to be used for screening purposes shall be evergreen varieties. Maximum
spacings of fifteen (15) feet for trees and three (3) feet for shrubs should
normally be utilized in order to provide continuous full screening of the view.
3. Street buffers will be required at six (6) percent of the average depth of the
lot. The minimum dimension shall be one-half ('/2) the full width requirement
but in no case be less than nine (9) feet.
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
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FILE NO.: Z-9858 (Cont.)
spaces. Please indicate the square footage of the areas considered for the
interior landscape area.
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. All lawn areas shall be sodded with a regionally appropriate turfgrass species.
There should be no hydroseeding.
9. Evergreen shrubs should be containerized. All shrubs are to be a minimum
of 18 inches in height at installation.
10. The development of two (2) acres or more requires the landscape plan to be
stamped with the seal of a Registered Landscape Architect.
11. 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 Reuion Metro: No comments.
Planning Division:
The request is in the Rodney Parham Planning District. The Land Use Plan shows
Suburban Office (SO) for the requested area. The Suburban Office (SO) category
provides for low intensity development of office or office parks in close proximity to
lower density residential areas. To assure compatibility, a Planned Zoning District
is required. The application is to rezone from 0-3 to PD-C.
West of the application area on both sides of W Markham are office uses in
Suburban Office (SO). The Suburban Office (SO) category provides for low
intensity development of office or office parks in close proximity to lower density
residential areas. To assure compatibility, a Planned Zoning District is required.
Across Markham on the north is an apartment complex in the Suburban Office
(SO), then east across Ellis Drive is a faith -based institution in an area for
Public/Institutional (PI) uses. The Public/Institutional (PI) category includes public
and quasi -public facilities that provide a variety of services to the community such
as schools, libraries, fire stations, churches, utility substations, and hospitals.
South of the application site are duplexes and single family residences in
Residential Low Density (RL). 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
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FILE NO.: Z-9858 (Cont.
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. On the east
side of Oak Lane is an area of Mixed uses in a strip commercial plaza. The Mixed
Use (MX) category provides for a mixture of residential, office and commercial
uses to occur. A Planned Zoning District is required if the use is entirely office or
commercial or if the use is a mixture of the three. The most recent land use
amendment near the site was in 2020 from SO to PI for a faith -based institution on
the north side of Markham and east of Ellis Drive.
H. ANALYSIS:
The applicant is requesting to rezone a 0.22 acre site from 0-3 to PD-C to allow
the existing building to be utilized as a convenience store. The applicant is not
proposing to include alcohol sales as part of this rezoning request.
The site contains an existing 1,508 square foot residential building. The property
was formerly commercially utilized by Fletcher Property Management, Inc.
The property has paved parking and drive through lane ingress along W. Markham
Street. The drive through lane exits on the south side of the building along Oak
Lane. The applicant intends to install a drive-thru window on the south side of the
building and notes an agreement with the adjacent property owner to the west will
include a shared access easement to facilitate the drive-thru lane/traffic. Operating
hours will be from 6:00am to 12:00am seven days a week.
The applicant proposes to utilize the existing parking spaces on the site. Parking
shall also comply with required ADA standards. Staff feels the existing parking is
sufficient to serve the use.
A dumpster is not shown on the site plan. Any dumpster installed on the site shall
be screened comply with Section 36-523(d) of the City's Zoning Ordinance.
The applicant is not proposing any signage at this time. All signs shall conform to
Section 36-555 of the City's Zoning Ordinance (signs permitted in commercial
zones).
The applicant is not proposing additional lighting at this time. Any new site lighting
shall be low-level and directed away from adjacent properties.
Staff is supportive of the requested PD-C zoning to allow the proposed commercial
use. Staff views the request as reasonable. To staffs knowledge, there are no
outstanding issues associated with this application. Staff feels the existing building
is appropriate for a small convenience store use. The property was formerly
commercially utilized by Fletcher Property Management, Inc. The proposed
commercial use will be compatible with the existing commercial uses in the
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FILE NO.: Z-9858 (Cont.)
immediate area. Staff feels the minor increase in traffic is appropriate along the
W. Markham corridor and will not have an adverse impact on the area.
STAFF RECOMMENDATION:
Staff recommends approval of the requested PD-C rezoning, subject to
compliance with the comments and conditions outlined in paragraphs D, E and F,
and the staff analysis, of the agenda staff report.
PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023)
This item is being deferred to the December 14, 2023 agenda due to insufficient notices.
No vote was taken.
PLANNING COMMISSION ACTION: (DECEMBER 14, 2023)
Staff presented the item and a recommendation for approval. The applicant was not
present. The application was deferred to the January 11, 2024 Agenda.
PLANNING COMMISSION ACTION: (JANUARY 11, 2024)
The applicant was present, representing the application. Staff presented the item and a
recommendation for approval. There was two persons in opposition; Carina Sanches
and Sergio Rodovle raised issues concerning traffic, not enough parking, and an increase
in crime. After general discussion about the project, here was an agreement with the
applicant that he would work with the surrounding neighbors to come to an agreement
about the driveway easement and the Commission choose to defer the application to the
March 14, 2024 Agenda hearing. There was a motion to defer the application. The
motion was seconded. The vote was 10 ayes, and 1 nay. The application was then
deferred to the March 14, 2024 Commission Agenda.
PLANNING COMMISSION ACTION: (MARCH 14, 2024)
The applicant was present, representing the application. Staff presented the item and a
recommendation for approval. There were 3 persons in opposition. Sergio Rodarta,
Carina Sanchez and Joe Goble raised concerns about public safety, traffic and possible
crime. The applicant submitted Exhibit -A showing where he proposes to install a fence.
He further amended his application to not have a drive-thru window and hours of operation
are to be 6 a.m. to 8 p.m. After considerable discussion about the project, there was a
motion to approve the application. The motion was seconded. The vote was 8 ayes, and
3 nays. Application was approved.
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Planning Commission
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
File No.: Z-9858
Application: Master Company — PD-C
This is to Certify that the Little Rock Planning Commission approved the above referenced
application on March 14, 2024. Therefore, the Little Rock Planning Commission requests that the
City of Little Rock Board of Directors adopt an ordinance for the Zoning case referenced above.
Little Rock Planning Commission
By: �
Michael Vickers, Chair