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HomeMy WebLinkAboutPC Minutes for Z-9815 111523November 9, 2023 ITEM NO.: A.1 FILE NO.: Z-9815 NAME: Rezoning from R-2 to C-3 LOCATION: 4400 Baseline Road DEVELOPER: Juan Carlos Sosa 8220 Stanton Road, Apt. A Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Juan Carlos Sosa – Owner Fernando Rayon – Agent SURVEYOR/ENGINEER: Smith and Goodson 7509 Cantrell Road, Suite 227 Little Rock, AR 72207 AREA: 0.504 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 CURRENT ZONING: R-2 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant proposes to rezone the 0.504 acre property located at 4400 Baseline Road from R-2 to C-3 for future commercial development. B. EXISTING CONDITIONS: The property is undeveloped and mostly gravel covered. A gravel drive from Baseline Road serves as access to the property. November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 2 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 Energy: 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 2021 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 2021 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 2021 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 November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 3 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 2021 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 2021 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. November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 4 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 2021 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 2021 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 2021 Arkansas Fire Prevention Code. Section C101 – C105, in conjunction with Central Arkansas November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 5 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. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Building Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the Geyer Springs East Planning District. The Land Use Plan shows 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 R-2 to C-3. Surrounding the application area north of Baseline Road is Residential Low Density (RL) with developed single-family subdivisions to the north.  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. Adjacent to site on west is Commercial (C) with 3 single- family residences coin-op car wash. 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. East is large wooded and undeveloped area of Office (O). The Office (O) category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. South of Baseline Road is Mixed Use (MX), with single-family residence, mobile home park, and vacant lots. The Mixed Use (MX) category provides for a mixture of residential, office and November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 6 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. Master Street Plan: Baseline Road is 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. Right-of-Way (ROW) 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: Baseline Road is shown with proposed Class II bicycle lanes. A Bike Lane provides a portion of the pavement for the sole use of bicycles. Historic Preservation Plan: There are no historic structures or districts in the area. H. ANALYSIS: The applicant proposes to rezone the 0.504 acre property located at 4400 Baseline Road from R-2 to C-3 for future commercial development. The site is currently undeveloped and mostly gravel covered. A gravel drive from Baseline Road serves as access to the property. Single family residences and zoning are located north, south and west of the site. A large undeveloped O-3 zoned property is located to the east. A mixture of zoning and uses is located further east and west along Baseline Road. The City’s Future Land Use Plan designates the property as “RL” Residential Low Density. A proposed land use plan amendment from “RL” to “C” Commercial is a separate item on this agenda. Staff is not supportive of the requested C-3 rezoning. Staff views the requested C-3 zoning as too intense for this site. The property is relatively small with single family residences located immediately to the north and west, and undeveloped O-3 zoned property to the east. Staff believes that the requested C-3 zoning does not comply with the existing zoning pattern in this area. I. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. November 9, 2023 ITEM NO.: A.1 (Cont.) FILE NO.: Z-9815 7 PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2023) The applicant failed to send the notifications to surrounding property owners as required. Staff recommended this application be deferred to the October 12, 2023, Planning Commission agenda. The item remained on the Consent Agenda for deferral. The vote was 9 ayes, 0 nays, 0 absent and 2 open positions. The application was deferred. PLANNING COMMISSION ACTION: (OCTOBER 12, 2023) The applicant failed to send the notifications to surrounding property owners as required. Staff recommended this application be deferred to November 9, 2023, Planning Commission agenda. The item remained on the Consent Agenda for deferral. The vote was 7 ayes, 0 nays, 2 absent and 2 open positions. The application was deferred. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2023) Staff presented the item and a recommendation for denial. The applicant was not present. Due to the fact that this was the applicant's third deferral the Commission chose to withdraw the application with prejudice. There was a motion to withdraw the application with prejudice. The motion was seconded. The vote was 7 ayes, 0 nays, 3 absent and 1 open position. The application was withdrawn with prejudice.