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HomeMy WebLinkAboutO - Z-9615 AS AMENDEDORDINANCE NO. __________ 1 2 AN ORDINANCE TO AMEND ORDINANCE 22,064 APPROVING A PLANNED 3 ZONING DEVELOPMENT ,ESTABLISH A PLANNED DISTRICT - 4 COMMERCIAL, TITLED PIT STOP BBQ PRIVATE CLUB PD-C, AND 5 APPROVE THE ACTION OF PIT STOP BBQ, LOCATED AT 5506 BASELINE 6 ROAD (Z-9615), LITTLE ROCK, ARKANSAS, IN FILING AN APPLICATION 7 FOR OPERATION AS A PRIVATE CLUB PERMITTED FROM THE 8 ARKANSAS ALCHOHOL BEVERAGE CONTROL DIVISION OF THE 9 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION; TO 10 COMPLY WITH ARK. CODE ANN. 3-9-222(A)(1); AMENDING THE OFFICIAL 11 ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR 12 OTHER PURPOSES. 13 14 WHEREAS, PIT STOP BBQ, LOCATED AT 5506 BASELINE ROAD, LITTLE ROCK, 15 ARKANSAS, seeks to obtain a permit to operate as a private club in compliance with the Arkansas 16 Beverage Control Division ("ABC") Rules and Regulations and 16 Arkansas Statutes; and, 17 WHEREAS, Act I l 12 of 2017, codified at Ark. Code Ann. 3-9-222(a)(1), as may be amended, 18 requires applicants for a Private Club License obtain approval of the governing body of the city or county 19 where the private club is to be located to follow the statutory process. 20 NOW, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 21 ROCK, ARKANSAS. 22 Section 1. That the zoning classification of the following described property be changed from C-3, 23 General Commercial District, to PD-C, Planned District – Commercial: 24 9615: Described as part of Tract 5, Southland Acres, a Subdivision in Section 31, 25 Township 1 North, Range 12 West, Pulaski County, Arkansas, more particularly 26 described as: Starting at the southeast corner of said Tract 5, thence north along the 27 east line of said Tract 5, 30.0 feet, thence west along a line thirty (30) feet north of and 28 parallel with the south line of said Tract 5, 25 feet to a point of beginning, thence west 29 and continuing along a line thirty (30) feet north and parallel with the south line of 30 said Tract 5, 122.32 feet to a point, thence north along a line 14.56 feet east of and 31 parallel with the west line of said Tract 5, 250 feet, thence east 122.32 feet to a point 32 twenty-five (25) feet west of the east line of said Tract 5, thence south 250 feet along a 33 line twenty-five (25) feet west of and parallel to the east line of said Tract 5 to the 34 point of beginning. 35 Section 2. That the preliminary site development plan/plat be approved as presented to the Little Rock 36 Planning Commission. 37 Section 3. That the change in zoning classification contemplated for Pit Stop BBQ Private Club – PDC, 38 located at 5506 Baseline Road (Z-9615), is conditioned upon obtaining final plan approval within the time 39 specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. 40 Section 4. Pursuant to Act 1 112 of 2017, as may be amended, the City of Little Rock, Arkansas, 41 approves the action of Pit Stop BBQ to follow the statutory process to file a Private Club Application with 42 the Department of Finance and Administration, Alcoholic 27 Beverage Control Division, for the location 43 at 2304 South Arch Street, Little Rock, Arkansas, 72206. 44 Section 5. A copy of this ordinance may be provided to the ABC Division of the Arkansas Department 45 of Finance and Administration as evidence that the City Governing Body has authorized such a use within 46 this zoning classification. 47 Section 6. That this ordinance shall not take effect and be in full force until the final plan approval. 48 Section 7. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, 49 Arkansas, and Designated District Map be and is hereby amended to the extent and in the respects necessary 50 to affect and designate the change provided for in Section 1 hereof. 51 Section 8. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word 52 of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication 53 shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the 54 portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. 55 Section 9. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 56 the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 57 Section 10. Emergency Clause. The necessity of appropriate procedures to follow in order to obtain 58 a permit for the sale of alcoholic beverages that complies with state statutes and regulations, and which is 59 stated in a way acceptable to the ABC is essential to the public health, safety and welfare, because it provides 60 a means for the ABC to undertake its appropriate enforcement, administrative, permitting duties; this 61 ordinance cannot proceed until such language is in place; therefore, an emergency declared to exist 62 63 PASSED: 64 ATTEST: APPROVED: 65 66 _______________________________________ _____________________________________ 67 Susan Langley, City Clerk Frank Scott, Jr., Mayor APPROVED AS 68 TO LEGAL FORM: 69 70 _______________________________________ Thomas 71 M. Carpenter, City Attorney 72 // 73 // 74 // 75 // 76 // 77 // 78 // 79 // 80 // 81 // 82 // 83 // 84 // 85 // 86 // 87 // 88 // 89 // 90 // 91 [Page 2 of 2] 92 93