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HomeMy WebLinkAboutBOA Staff Report 040425OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MARCH 18, 2025 AGENDA Subject An Ordinance rezoning property located at 106 Pearl Avenue from C-3 to R-5 (Z-10114). Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required Ordinance Resolution Approval Information Report Approved By Susan Altrui Acting City Manager The owner of the 0.16 acre property at 106 Pearl Avenue is requesting that the property be reclassified from C-3 to R-5. None Approval of the Ordinance The applicant proposes to rezone the 0.16-acre lot at 106 Pearl Avenue from "C-3" general commercial to "R-5" urban residence to allow for future development. The site is near the corner of W. Markham St. and Pearl Ave. A duplex previously stood on the site but has been demolished. Along W. Markham is almost entirely C-3 zoned properties with a mix of R-3, R-5, and R 6 to the south along Booker St., S. Woodrow St., Pearl Ave., and Vernon Ave. The request is in the 1-630 Planning District. The Land Use Plan shows Commercial (C) use for the application area. The Commercial (C) category includes a broad range of BACKGROUND CONTINUED 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. On February 13, 2025, the Planning Commission voted 10 ayes, 0 noes, 0 absent and 1 open position, to approve the R-5 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 I 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-10114 — Described as Lot 2, Block 5, Youngs Park Addition to the City of Little Rock, Pulaski County, Arkansas: From "C- 3" General Commercial District to "R-5" Urban Residence District (106 Pearl Avenue). 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 1 of 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 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: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney // // Page 2 of 2 FILE NO.: Z-10114 NAME: Rezoning from C-3 to R-5 LOCATION: 106 Pearl Avenue DEVELOPER: Joe White & Associates 25 Rahling Circle Little Rock, AR 72223 OWNER/AUTHORIZED AGENT: Forward Properties, LLC (owner) Joe White & Associates (agent) SURVEYOR/ENGINEER: Joe White & Associates AREA: 0.16 acres WARD: 3 CURRENT ZONING: VARIANCEMAIVERS: NUMBER OF LOTS: 1 PLANNING DISTRICT: 9 C-3 None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 48 The applicant proposes to rezone the 0.16-acre lot at 106 Pearl Avenue from "C-3" general commercial to "R-5" urban residence to allow for future development. B. EXISTING CONDITIONS: The site is near the corner of W. Markham St. and Pearl Ave. A duplex previously stood on the site but has been demolished. Along W. Markham is almost entirely C-3 zoned properties with a mix of R-3, R-5, and R-6 to the south along Booker St., S. Woodrow St., Pearl Ave., and Vernon Ave. FILE NO.: Z-10114 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: 1. Previous Comments per conversation with the developer still apply see below: 2. The Parking pads as proposed with the Retaining Wall Permit with drawings from 10/31/2024, staff will not allow the parking pad nor the retaining wall inside of the Right of Way. You may request a Franchise permit, but staff will not support. 3. Also, the parking pad max allowable with the signoff of the Director is a 25'x25'. If you want to have your 25'x32' that you proposed on the phone, then it would take an appeal to the Board of Directors. 4. The Parking (pad, wall, and stairs) are considered an accessory structure(s) therefore they cannot be any closer than 6ft to the other structure (home, porch) if they are this requires a variance as well. Public Works: 1. Woodrow Street is classified on the Master Street Plan as a minor arterial street. Dedication of right-of-way to 45 feet from centerline will be required. 2. Pearl Ave is classified on the Master Street Plan is a residential street. Dedication of right-of-way to 25 feet from centerline will be required. E. UTILITIES/FIRE DEPARTMENT/PARKSICOUNTY PLANNING: Little Rock Water Reclamation Authority: No comment. Enter : No comments received. Summit Utilities: No comments. AT & T: No comments received. Central Arkansas Water: No comments. Fire Department: Maintain Access: Fire Hydrants. 2 FILE NO.: Z-10114 Cont. 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. 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. 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. 3 FILE NO.: Z-10114 (Cont. F G. County Planning: No comments. BUILDING CODES/LANDSCAPE: Building Codes: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; criche Iittlerock.00v or Tim Whitener at 501-371-4875 thitener Iittlerock_ ov. Landscape: No comments. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: The request is in the 1-630 Planning District. The Land Use Plan shows Commercial (C) use for the application 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 C-3 (General Commercial District) to R-5 (Urban Residence District). To the east and west of the application area along the south of W Markham Street there are various commercial uses in an area of Commercial (C) use. Along the north of W Markham Street to the west of the site is an area of Residential High Density (RH) use, and to the east of the site is an area of Public/Institutional (PI). This site is not located in an Overlay District. Master Street Plan: Pearl Avenue is a Local Street on the Master Street Plan. Local Streets are roads designed to provide access to adjacent property with the movement of traffic being a secondary purpose. The standard Right-of-way is 50'. Sidewalks are required on one side. This street may require dedication of right-of-way and may require street improvements. 4 FILE NO.: Z-10114 Cont. Bicycle Plan: Pearl Avenue is not shown on the Master Bike Plan with existing or proposed facilities in this area. Historic Preservation Plan: The subject site is the previous location of a historic residence at 106 Pearl Street (PU7868) and located within the Capitol View Historic District. The historic residence was constructed c. 1919 and underwent later modifications. For this reason, the site is considered Ineligible for listing in the National Register of Historic Places and Ineligible within the Capitol View Historic District context. Many times, properties that are historic in age but considered ineligible within a historic district context due to major alterations. These structures can often be restored by removing previous alterations and restoring lost architectural details. The historic residence was recently demolished. The Historic Preservation Plan advocates for increased effectiveness and coordination with the review of development plans. Staff advocates that future proposed development of the site consider its potential adverse impacts to adjacent historic sites and the Capitol View Historic District. H. ANALYSIS: The applicant proposes to rezone the 0.16-acre lot at 106 Pearl Avenue from "C-3" general commercial to "R-5" urban residence to allow for future development. The site is near the corner of W. Markham St. and Pearl Ave. A duplex previously stood on the site but has been demolished. Along W. Markham is almost entirely C-3 zoned properties with a mix of R-3, R-5, and R-6 to the south along Booker St., S. Woodrow St., Pearl Ave., and Vernon Ave. The request is in the 1-630 Planning District. The Land Use Plan shows Commercial (C) use for the application 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. Staff is supportive of the requested R-5 zoning. Staff views the request as reasonable. The proposed R-5 zoning will be consistent with other residential zonings the area and will represent a continuation of the existing zoning pattern to the south. Staff believes the proposed R-5 zoning will have no adverse impact on the general area. 5 FILE NO.: Z-10114 Cont. STAFF RECOMMENDATION: Staff recommends approval of the requested R-5 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 13, 2025) The applicant was present. There was a request to waive the bylaws pertaining to the 15-day Public Hearing Notice requirement. Notices were sent out 14 days prior to the hearing. There was a motion and a second to waive the 15-day notice to a 14-day notice. There was a voice vote of 9 ayes, 1 nay and 1 open position. The application was approved to be considered by the Commission. There was then a motion and a second to approve the application as recommended by staff. The vote was 10 ayes, 0 nays and 1 open position. The motion passed. 1.1