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Z-8731 Staff AnalysisSUBDIVISION CONDvHTTEE COMMENTS JANUARY 11, 2012 ITEM NO.. 7. MADURO CIGAR BAR AND LOUNGE PRIVATE CLUB CONDITIONAL USE PF.RMIT - 109 MAIN STREET Z-8731 Planning Staff Comments: 1. The site is located in the Original City; there is no Bill of Assurance. 2. If approved by the Commission, a franchise will be required for the sign, Variance/Waivers: ■ Sign Variance for size of projecting sign. Public Works: 1. No Comments. Utilities and Fire DepartmenttCounty Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections - All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: A trolley route is located along Markham Street, immediately to the north of this site. Planning Division: No Comments. Landscape- No Comments. Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday January 18, 2012. Required notices are to be sent via certified mail to all owners of property located within two hundred (200) feet of the site no later than Wednesday January 18, 2012. The City provided notice form must be used. Proof of notice is to be provided to staff no later than January 27, 2012. February 2, 2012 ITEM NO.: 7 FILE NO.: Z NAME: Maduro Cigar Bar and Lounge Private Club — Conditional Use Permit LOCATION: 109 Main Street OWNER/APPLICANT: Monarch Investment Group/John Michael Peace PROPOSAL: A conditional use permit is requested to allow a private club to open in this UU zoned building. 1. SITE LOCATION: The site is located on the ground floor of the multi -story building at the southeast corner of Main and Markham Streets. 2. COMPATIBILITY WITH NEIGHBORHOOD: This site is located within the City's UU zoned entertainment and tourist district. Uses around the site include hotels, restaurants, clubs and the convention center. This small club appears to be compatible with uses in the area. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Downtown Neighborhood Association. 3. ON SITE DRIVES AND PARKING: There is no on -site parking. The property is located in the UU zoning district, which has no parking requirement. A parking deck is located in the block to the south. 4. SCREENING AND BUFFERS: il No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. February 2, 2012 ITEM NO.: 7 Cont.) FILE NO.: Z-8731 Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: No Objections - All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. Maintain access at least twenty (20) foot wide. Police Department: No issues. No objections. County Planning: No Comments. CATA: A trolley route is located along Markham Street, immediately to the north of this site. SUBDIVISION COMMITTEE COMMENT: (JANUARY 11, 2012) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was asked to clarify the proposed closing hours on Fridays and Saturdays. At the suggestion of the Committee, the applicant stated hours would extend to 2:00 a.m. Friday and Saturday nights, if there were customers. Staff noted a franchise would be needed for the proposed projecting sign. Utility comments were noted. The Committee determined there were no outstanding issues and forwarded the item to the full Commission. 2 February 2, 2012 ITEM NO.: 7(Cont.)FILE NO.: Z-8731 STAFF ANALYSIS: A conditional use permit is requested to allow Maduro Cigar Bar and Lounge to locate in the UU zoned building at 109 Main Street. Due to licensing requirements at the State, the business is classified as a private club. Private clubs require a conditional use permit in the UU district. The business is to occupy a 2,300 square foot space on the ground floor of the Wallace Building. The business is organized as a private club and membership is available to the public (age 21 or over) free of charge. The business features a walk-in humidor with a selection of cigars, chairs and couches, a few tabletops and televisions. The applicant will sell retail gift items and merchandise such as wickless candles, desktop humidors, cigars, drinks and food items. Maduro's hours of operation will be 10:00 a.m. — 11:00 p.m., Monday through Thursday; 10:00 a.m. — 2:00 a.m., Friday and Saturday; and 12:00 p.m. — 10:00 p.m. on Sundays. A "cigar -shaped" projecting sign is proposed to be placed on the front fagade of the building. The sign will be located over the sidewalk with a 10-foot clearance for pedestrians. The sign will have an area of 1.5 feet X 14 feet (21 square feet). In the UU district, signage is to be as permitted in Section 36-553, signs in the office and institutional zones. That section specifies that projecting signs are not to exceed 12 square foot and are to set back from the property line at least 5 feet. The UU zoning district states the area of signage may be doubled if the street -level business space has direct access to the street. It further specifies that signage may extend over the public right-of-way if a franchise is approved by the Public Works Department. Maduro does have direct access to the street. No variances are needed for the sign. A franchise will have to be obtained. To staff's knowledge, there are no outstanding issues. The property is located in the Original City and there is no bill of assurance. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow the private club as proposed subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Section 6 of the agenda staff report. 2. A franchise must be obtained for the projecting sign. 3 February 2, 2012 ITEM NO.: 7 (Cont. PLANNING COMMISSION ACTION: FILE NO.: Z-8731 (FEBRUARY 2, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, including all comments and conditions, as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. 4