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HomeMy WebLinkAboutBOD Staff Report 120524OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION NOVEMBER 19, 2024 AGENDA Subject An Ordinance approving a Planned Zoning Development titled De La Rosa — Revised PCD, located at 9123 Chicot Road (Z-8911-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 0.53 acre property from PCD to Revised PCD to allow for the continued expanded use of the property for retail and mobile canteen unit uses. None The Planning Commission recommends approval of the Ordinance. Staff recommends denial. On March 18, 2014, the Little Rock Board of Directors approved Wallace Baseline Acres preliminary plat (Ordinance No. 20,860), to be rezoned from R-2 to PCD to allow for the rezoning of Lots 1 and 2, with conditions. Lots 3 and 4 of the overall tract remained zoned as single-family residential. The approved PCD site plan for Lot 2 (this subject property) showed an existing billboard and a small temporary office building, with no additional improvements. The applicant is now proposing to revise the existing PCD (Lot 2) to allow for the continued use of the property for retail and mobile canteen unit (food truck) uses. The BACKGROUND CONTINUED applicant proposes to retain an existing food truck and place an additional food truck on the site. Both food trucks will be permanently placed on the property and will sell/serve prepared food items. The property is located on the east side of Chicot Road, north of Vernon Estates Drive. Properties in the general area primarily contain a mixture of zoning and uses. Access to the site is provided from an asphalt driveway extending from Chicot Road. The driveway opens up to a gravel parking lot that spans most of the property. The property is secured by chain -link fencing with an access gate along Chicot Road. There is shared access with the properties to the north and south of the site. The property contains the following existing uses: • An 8 foot x 40 foot metal container near the northwest corner of the of property that contains a retail use. ■ An 8 foot x 26 foot single -wide manufactured home labeled "office" along the south property line. The applicant notes the current use of this structure is for storage and not an office use. A wood porch with a canopy extends from the storage use. • A 30 foot x 13 foot concrete pad containing an existing food truck use is located immediately north of the wood porch/canopy area. As part of this request, the applicant is proposing to build a concrete pad and place a second food truck on the property adjacent to the existing food truck. Information regarding operating hours was requested by staff, however, the applicant failed to provide that information. The site plan shows a dumpster, and two (2) grease barrels located on the gravel surface in the rear portion of the property. Any new dumpster placed on the site must be screened and comply with Section 36-523(d) of the City's Zoning Ordinance. 2 BACKGROUND CONTINUED The applicant is not proposing additional lighting at this time. Any new site lighting must be low-level and directed away from adjacent properties. On October 10, 2024, the Planning Commission voted 8 ayes, 0 noes, 2 absent and 1 open position, to approve the Revised PCD 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. 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 ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED DE LA ROSA — REVISED PCD, LOCATED AT 9123 CHICOT ROAD (Z-8911-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 PCD, Planned Commercial District, to Revised PCD, Planned Commercial District: Z-8911-A — Described as part of Tract 6, Wallace Baseline Acres to the City of Little Rock, Pulaski County, Arkansas, described as follows: Commencing at the SE corner of said Tract 6; thence N 88110'34" W, along south line thereof for 470.17 feet to the point of beginning; thence continue N 88110135" W, along the said south line, 195.8 feet to the east right of way of Chicot Road; thence N 02°13'52" E, along said east right of way, 210.0 feet; thence S 85°44'13" E, 201.3 feet; thence S 04°59136" W, 111.6 feet to the point of beginning, containing 0.53 acres, more or less. Subject to any additional right of way and any easements of record. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. Page 1 of 3 1 SECTION 3. That the change in zoning classification contemplated for De La 2 Rosa — Revised PCD, located at 9123 Chicot Road (Z-8911-A) is conditioned upon obtaining 3 final plan approval within the time specified by Chapter 36, Article VII, Section 4 36-454 (e) of the Code of Ordinances. 5 6 SECTION 4. That this Ordinance shall not take effect and be in full force until the 7 final plan approval. 8 9 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of 10 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the 11 extent and in the respects necessary to affect and designate the change provided for in 12 Section 1 hereof. 13 14 SECTION 6. Severability. In the event any title, section, paragraph, item, 15 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 16 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 17 ordinance which shall remain in full force and effect as if the portion so declared or adjudged 18 invalid or unconstitutional was not originally a part of the ordinance. 19 20 SECTION 7. Repealed. All laws, ordinances, resolutions, or parts of the same 21 that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of 22 such inconsistency. 23 24 PASSED: 25 26 ATTEST: APPROVED: 27 28 29 30 City Clerk Mayor 31 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 26 27 28 29 30 31 final plan approval within the time specified by Chapter 36, Article VIl, 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. Repeated 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 Page 2 of 3 I APPROVED AS TO FORM: 2 3 4 5 City Attorney 6 7 8 Page 3 of 3 I APPROVED AS TO FORM: 5 City Attorney 6 7 8 Page 3 of 3 FILE NO.: Z-8911-A NAME: De La Rosa — Revised PCD LOCATION: 9123 Chicot Road DEVELOPER: Lorena De La Rosa (Owner) 9123 Chicot Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Lorena De La Rosa 9123 Chicot Road Little Rock, AR 72209 SURVEYOR/ENGINEER: Laha Engineers, Inc. 6602 Baseline Road, Ste. E Little Rock, AR 72209 AREA: 0.53 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 15 CENSUS TRACT: 41.06 CURRENT ZONING: PCD BACKGROUND: On March 18, 2014, the Little Rock Board of Directors approved Wallace Baseline Acres preliminary plat (Ordinance No. 20,860), to be rezoned from R-2 to PCD to allow for the rezoning of Lots 1 and 2, with conditions. Lots 3 and 4 of the overall tract remained zoned as single-family residential. The approved PCD site plan for Lot 2 (this subject property) showed an existing billboard and a small temporary office building, with no additional improvements. FILE NO.: Z-8911-A (Cont. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to revise the existing PCD (Lot 2) to allow for the continued use of the property for retail and mobile canteen unit (food truck) uses. The applicant proposes to retain an existing food truck and place an additional food truck on the site. Both food trucks will be permanently placed on the property and will sell/serve prepared food items. B. EXISTING CONDITIONS: The property is located on the east side of Chicot Road, north of Vernon Estates Drive. Properties in the general area primarily contain a mixture of zoning and uses. C. NEIGHBORHOOD NOTIFICTIONS: 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. Entergy: 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. K FILE NO.: Z-8911-A Cont. 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. 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 exceeds 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. 91 FILE NO.: Z-8911-A Cont. 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 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: 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. 0 FILE NO.: Z-8911-A Cont. 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: Buildin Code: No comments received. Landscape: No comments. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 1-430 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 for a Revised PCD. 6" FILE NO.: Z-8911-A (Cont.) PI MANN RD � _- Z-8911-A Land Use - - w C- s moo �v G] Z-8911-A U RL 11ERNON ESTATES DR RL iZES'FQN°p - 0 1 30U 600 Feet Surrounding the application area to the north, south, and west are commercial, and office uses along Chicot Road. To the east is vacant residential lots. This site is not located in an Overlay District. Master Street Plan: Chicot Road is a Principal Arterial on the Master Street Plan. Principal Arterials are roads designed to serve through traffic, and to connect major traffic generators or activity centers within urbanized areas. The standard Right of way of 110 feet is required. Sidewalks are required on both sides. This street may require dedication of right-of-way and may require street improvements. Bicycle Plan: Chicot Rd is not shown on the Master Bike Plan with existing or proposed facilities in this area. 0 FILE NO.: Z-8911-A (Cont.) Historic Preservation Plan: This property is not located in a Historic District. H. ANALYSIS: The applicant is now proposing to revise the existing PCD (Lot 2) to allow for the continued use of the property for retail and mobile canteen unit (food truck) uses. The applicant proposes to retain an existing food truck and place an additional food truck on the site. Both food trucks will be permanently placed on the property and will sell/serve prepared food items. The property is located on the east side of Chicot Road, north of Vernon Estates Drive. Properties in the general area primarily contain a mixture of zoning and uses. Access to the site is provided from an asphalt driveway extending from Chicot Road. The driveway opens up to a gravel parking lot that spans most of the property. The property is secured by chain -link fencing with an access gate along Chicot Road. There is shared access with the properties to the north and south of the site. The property contains the following existing uses: An 8 foot x 40 foot metal container near the northwest corner of the of property that contains a retail use. • An 8 foot x 26 foot single -wide manufactured home labeled "office" along the south property line. The applicant notes the current use of this structure is for storage and not an office use. A wood porch with a canopy extends from the storage use. A 30 foot x 13 foot concrete pad containing an existing food truck use is located immediately north of the wood porch/canopy area. As part of this request, the applicant is proposing to build a concrete pad and place a second food truck on the property adjacent to the existing food truck. Information regarding operating hours was requested by staff, however, the applicant failed to provide that information. The site plan shows a dumpster, and two (2) grease barrels located on the gravel surface in the rear portion of the property. Any new dumpster placed on the site must be screened and comply with Section 36-523(d) of the City's Zoning Ordinance. N FILE NO.: Z-8911-A (Cont.) The applicant is not proposing additional signage at this time. Any new signage 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 must be low-level and directed away from adjacent properties. Staff is not supportive of the applicant's request to revise the PCD. The property is currently undeveloped and has remained undeveloped for the duration of the existing uses on the property. The asphalt at the entry onto the property shows wear and contains potholes. In addition, it appears gravel from the property is washing out from the site and collecting on the sidewalk and further into Chicot Road. Finally, staff feels plans for a more permanent development should be proposed, and not the placement of several temporary structures on the site, would be more appropriate for this location. STAFF RECOMMENDATION: Staff recommends denial of the requested revised PCD. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 2024) The item was deferred to the October 10, 2024 agenda as the applicant failed to complete notifications to surrounding property owners. PLANNING COMMISSION ACTION: (OCTOBER 10, 2024) The applicant was present. Staff presented the item, and a recommendation of denial as outlined in the "staff analysis" above. There was no person in opposition. After some discussion there was a motion to approve the application. There was a second. The vote was 8 ayes, 0 nay, 2 absent and 1 open position. The motion passed. 0