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HomeMy WebLinkAboutBOD Staff Report 091724OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION AUGUST 20, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Devine — PD-C located at 9814 Davmar Drive (Z-10001-A). 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 applicant requests to rezone the 0.69 acre property from "R-2" to "PD-C" to recognize the current and historic use of the property, with C-4 permitted uses as alternate uses. I None Approval of the Ordinance. The applicant is requesting to rezone a nonconforining property, as required by code, to a PD-C to recognize the current and historic use of the property, with C-4 permitted uses as alternate/future uses. The applicant is not requesting any changes to the property. All buildings, parking lots, and driveways will remain the same. The property is currently zoned R-2 but has been used as automative repair and storage business. The property contains an existing 5,250 square foot one-story Office Building/Storage Warehouse, which was constructed in BACKGROUND CONTINUED 1978. This general area south of I-30 contains a mixture of uses and zoning, including C-3, C-4,1-2 and R-2. Davmar Drive is a dead-end road off of Mabelvale Pike. Any dumpster installed at the site must be screened and comply with Section 36-523 of the City's Zoning Ordinance. Any new sight lighting must be low-level and directed away from adjacent properties and must comply with Section 36-55 of the City's Zoning Ordinance. On July 11, 2024, the Planning Commission voted 8 ayes, 0 noes and 3 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. 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 APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT — COMMERCIAL TITLED DEVINE — PD-C, LOCATED AT 9814 DAVMAR DRIVE (Z-10001-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-10001-A — DESCRIBED AS PART OF THE NORTH 17 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 17 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE WEST A DISTANCE OF 320.83 FEET TO A POINT; THENCE NORTH A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE WEST A DISTANCE OF 260.07 FEET TO A POINT; THENCE NORTH A DISTANCE OF 150.56 FEET TO A POINT; THENCE N89158'09"E A DISTANCE OF 260.07 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 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 31 152.70 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINS 0.91 ACRES MORE OR LESS. 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 Devine — PD-C, located at 9814 Davmar Drive (Z-10001-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. 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. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney H H APPROVED: Mayor Page 3 of 3 FILE NO.: Z-10001-A NAME: Devine — PD-C LOCATION: 9814 Davmar Drive DEVELOPER: Thomas Devine III (Owner) P O Box 3124 Little Rock, AR 72203 OWNER/AUTHORIZED AGENT: Nick Tucker (Agent) P0Box 1021 Cabot, AR 72023 SURVEYOR/ENGINEER: Tucker Land Surveying P O Box 1021 Cabot, AR 72023 AREA: 0.69 acres WARD: 7 CURRENT ZONING NUMBER OF LOTS: 1 PLANNING DISTRICT: 15 PD-C VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: NEW STREET: 0 LF CENSUS TRACT: 41.03 The applicant is requesting to rezone a nonconforming property, as required by code, to a PD-C to recognize the current and historic use of the property, with C-4 permitted uses as alternate/future uses. The applicant is not requesting any changes to the property. All buildings, parking lots, and driveways will remain the same. FILE NO.: Z-10001-A (Cont. B. EXISTING CONDITIONS: The property is currently zoned R-2 but has been used as automative repair and storage business. The property contains an existing 5,250 square foot one-story Office Building/Storage Warehouse, which was constructed in 1978. This general area south of 1-30 contains a mixture of uses and zoning, including C-3, C-4, 1-2 and R-2. Davmar Drive is a dead-end road off of Mabelvale Pike. 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 comments. Fire Department: No comments received. Parks and Recreation: No comments received. County Planning: No comments. F. BUILDING CODES/LANDSCAPE: Buildirg Code: No comments received. Landscape: No comments received. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. E FILE NO.: Z-10001-A Cont. H. ANALYSIS: The applicant is requesting to rezone a nonconforming property, as required by code, to a PD-C to recognize the current and historic use of the property, with C-4 permitted uses as alternate/future uses. The applicant is not requesting any changes to the property. All buildings, parking lots, and driveways will remain the same. The property is currently zoned R-2 but has been used as automative repair and storage business. The property contains an existing 5,250 square foot one-story Office Building/Storage Warehouse, which was constructed in 1978. This general area south of 1-30 contains a mixture of uses and zoning, including C-3, C-4, 1-2 and R-2. Davmar Drive is a dead-end road off of Mabelvale Pike. Any dumpster installed at the site must be screened and comply with Section 36-523 of the City's Zoning Ordinance. Any new sight lighting must be low-level and directed away from adjacent properties and must comply with Section 36-55 of the City's Zoning Ordinance. Staff supports the proposed PD-C rezoning. Staff feels the request is reasonable. The property will be used and operated in the same manner as it has for several decades. STAFF RECOMMENDATION: Staff recommends approval of the requested rezoning to PD-C, subject to compliance with the comments and conditions outlined in the staff analysis, of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 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 8 ayes, 0 nays and 3 absent. The application was approved. 3