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HomeMy WebLinkAboutBOA Staff Report 091624OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 20, 2024 AGENDA Subject An Ordinance rezoning property located at the Northwest corner of Chicot Road and Mabelvale Pike from "R-2" to "C-3". (Z-9988) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Emily Cox Interim City Manager The owner of the 0.31 acre property located at the Northwest corner of Chicot Road and Mabelvale Pike is requesting that the property be reclassified from "R-2" to "C-3". I None The Planning Commission recommends approval of the Ordinance. Staff recommends denial. The property owner requests to rezone the 0.31 acre property located at the northwest corner of Chicot Road and Mabelvale Pike from R-2 to C-3. The rezoning is proposed to allow future commercial development to include commercial vehicle parking and equipment storage. The property is currently undeveloped and mostly grass covered. The City's Future Land Use Plan designates this property as "C" Commercial. The requested C-3 zoning does not require an amendment to the plan. BACKGROUND CONTINUED On July 11, 2024, the Planning Commission voted 9 ayes, 0 noes and 2 absent, to approve the C-3 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 zone classification of the following property be and is hereby changed as indicated: Z-9988 — DESCRIBED AS THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02°51'30" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 885.58 FEET; THENCE NORTH 87003'20" WEST LEAVING SAID EAST LINE A DISTANCE OF 22.36 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CHICOT ROAD; THENCE SOUTH 02012'00" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 250.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES; Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THENCE SOUTH 02012'00" WEST A DISTANCE OF 78.95 FEET; THENCE SOUTH 01013'00" WEST A DISTANCE OF 16.98 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE AS ESTABLISHED BY AHTD JOB# 060688; THENCE SOUTH 41023'27" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 44.86 FEET TO A OINT ON THE NORTH RIGHT OF WAY LINE OF MABELVALE PIKE; THENCE NORTH 89015'04" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 76.56 FEET; THENCE NORTH 01003'22" EAST LEAVING SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 132.39 FEET; THENCE SOUTH 87157100" EAST A DISTANCE OF 107.24 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS: FROM "R-2" SINGLE FAMILY DISTRICT TO "C-3" GENERAL COMMERCIAL DISTRICT (NORTHWEST CORNER OF CHICOT ROAD AND MABELVALE PIKE). 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 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 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney // // // // // APPROVED: Mayor Page 3 of 3 FILE NO.: Z-9988 NAME: Rezoning from R-2 to C-3 LOCATION: Northwest corner of Chicot Road and Mabelvale Pike DEVELOPER: Hason A. Alwan 7616 N. Chicot Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Hasan Alwan — Owner/Applicant SURVEYOR/ENGINEER: Rasbury Surveying 308 W. South Street Benton, AR 72015 AREA: 0.31-acre WARD: 7 CURRENT ZONING: VARIANCEM/AIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 15 R-2 None requested. FT. NEW STREET: 0 LF CENSUS TRACT: 41.03 The property owner requests to rezone the 0.31 acre property from R-2 to C-3 for future commercial development. B. EXISTING CONDITIONS: The property is currently undeveloped and mostly grass covered. FILE NO.: Z-9988 (Cont.) 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 received. Enterpy: No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments received. 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 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. 2 FILE NO.: Z-9988 (Cont. 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. 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 Cl FILE NO.: Z-9988 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 U L 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 Water (Jason Lowder 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 Cade: No comments received. 4 FILE NO.: Z-9988 (Cont. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning -Diy_isio_n: The request is in the Geyer Springs West Planning District. The Land Use Plan shows Commercial (C) for the requested area. 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. The application is to rezone from R-2 to C-3. West of the application area are two parcels zoned C-3 in 1985 with a single-family residence and a faith -based institution. East and south are apartments in Residential High Density (RH) use area. Southeast is Building materials sales in an area of Commercial (C) use. This site is not located in an Overlay District. Master Street Plan: To the south, Mabelvale Pike is shown as a Collector on the Master Street Plan Map. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property. Standard Right -of -Way is 60 feet. Sidewalks are required on one side. This street may require additional right-of-way and may require street improvements. To the east, North Chicot Road is shown as a Collector on the Master Street Plan Map. The primary function of a Collector Road is to provide a connection from Local Streets to Arterials or activity centers with the secondary function of providing access to adjoining property. Standard Right -of -Way is 60 feet. Sidewalks are required on one side. This street may require additional right-of-way and may require street improvements. Bicycle Plan: Mabelvale Pike is on the Master Bike Plan as a Proposed Class 3 Bike Route. Class 3 Bike Routes require no additional right-of-way, but either a sign or pavement marking to identify and direct the route. 5 FILE NO.: Z-9988 (Cont.) Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The property owner requests to rezone the 0.31 acre property located at the northwest corner of Chicot Road and Mabelvale Pike from R-2 to C-3. The rezoning is proposed to allow future commercial development to include commercial vehicle parking and equipment storage. The property is currently undeveloped and mostly grass covered. The City's Future Land Use Plan designates this property as "C" Commercial. The requested C-3 zoning does not require an amendment to the plan. Staff does not support the requested C-3 rezoning. The subject property is approximately 0.31 acre in size. Staff feels that the property is too small to allow a potentially intense commercial development at this intersection. Staff also questions whether the applicant's intent for the property ("commercial vehicle parking and equipment storage") would even be permitted in C-3 zoning. I. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (JUNE 13, 2024) The applicant was not present. There was a motion to defer the application to the July 11, 2024, agenda. The motion was seconded. The vote was 10 ayes, 0 nays, and 1 absent. The application was deferred to the July 11 agenda. PLANNING COMMISSION ACTION: (JULY 11, 2024) The applicant was present. Staff presented the item and a recommendation of denial as outlined in the "staff analysis" above. There were no persons registered in opposition. After further discussion there was a motion to approve the application. There was a second. The vote was 9 ayes, 0 nays and 2 absent. The motion passed. M.