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HomeMy WebLinkAboutBOD Action Letter 012921Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 January 28, 2021 Dover, Dixon & Horne, PLLC Stephen Giles 425 West Capitol Ave., Ste. 3700 Little Rock, AR 72201 Planning Development Building Codes Re: Masoud Private Club — Conditional Use Permit (Z-4517-A); located at 4721 Baseline Road Dear Mr. Giles: Enclosed please find a copy of the Ordinance passed by the Board of Directors on January 19, 2021, which approved the above referenced property as approved by the Planning Commission at their December 3, 2020 Public Hearing. If you have any questions concerning this Ordinance, please call me at (501) 371-4792. Sincerely, *4 ��_ - Monte Moore, Development Administrator MM:tt ��titittsnnrrr+r+rr. IIIII1II��IIIII�1IIIIIIIII11IUII11I 2021 D04540 �C ��� PRESENTED 0?-2?-2021 ?04850AM RECORDED 01-2' 107' 70:48:501 4 r' J• G In Official Records of Terri Hollingsworth Circuit/county Clerk •. �'d ORDINANCE NO. 21,954 PULASKI CO. AR FEE $20.00 3 'fI[ iull� NCE TO APPROVE A PLANNED ZONING DEVELOPMENT 4 AND ESTABLISH A PLANNED COMMERCIAL DISTRICT TITLED LA 5 ARANDAS TAQUERIA PRIVATE CLUB — PCD, LOCATED AT 4721 6 BASELINE ROAD (Z-4517-A), LITTLE ROCK, ARKANSAS, AMENDING 7 THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, 8 ARKANSAS; AND FOR OTHER PURPOSES. 9 10 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, 11 ARKANSAS. 12 Section 1. That the zoning classification of the following described property be changed from C-3, 13 General Commercial District, to PCD, Planned Commercial District: 14 Z-4517-A: Described as: Tract 1: Part of the West 1/2 of the East 1/2 of the NE 1/4 15 of Section 6, Township 1 South, Range 12 West, in the City of Little Rock, Pulaski 16 County, Arkansas, more particularly described as follows: Beginning at a point 1,980 17 feet north and 355 feet east of the southwest corner of said W 1/2, E 1/2, NE 1/4; thence 18 north 306.94 feet to the south right-of-way line of Baseline Road; thence east along 19 the south right-of-way line of Baseline Road 101.71 feet; thence south 304.06 feet; 20 thence west 101.67 feet to the Point of Beginning (also being known as Lot 4, South 21 Heights Unrecorded, according to Plat filed in the office of the County Clerk of 22 Pulaski County, Arkansas, in County Surveyor's Plat Book 1, Page 291; and Tract 2: 23 Part of the West 1/2 of the East 1/2 of the NE 1/4 of Section 6, Township 1 South, 24 Range 12 West, in the City of Little Rock, Pulaski County, Arkansas, more 25 particularly described as follows: Beginning at a point 1,980 feet north and 456.67 26 feet east of the southwest corner of said W 1/2, E 1/2, NE 1/4; thence north 304.06 feet 27 to the south right-of-way line of Baseline Road; thence east along the south right-of- 28 way line of Baseline Road 101. 71 feet; thence south 301.18 feet; thence west 101.67 29 feet to the Point of Beginning (also being known as Lot 5, South Heights Unrecorded, 30 according to an unrecorded Plat, dated November 20, 1953, prepared by G. A. 31 Denham, Registered Engineer). LESS AND EXCEPT from both tracts that part of 32 Lots 4 and 5 South Heights, conveyed in Warranty Deed by First National Bank of 33 Fayetteville, Arkansas, to the Arkansas State Highway Commission filed for record IPage I of 2l I February 2, 1989, and recorded as Instrument No. 89-06299, records of Pulaski 2 County, Arkansas. 3 Section 2. That the preliminary site development plan/plat be approved as recommended to the Little 4 Rock Planning Commission. 5 Section 3. That the change in zoning classification contemplated for La Arandas Taqueria Private 6 Club PCD, located at 4721 Baseline Road (Z-4517-A), is conditioned upon obtaining final plan approval 7 within the time specified by Chapter 36, Article VI1, Section 36-454 (e) of the Code of Ordinances. 8 Section 4. That this ordinance shall not take effect and be in full force until the final plan approval. 9 Section 5. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, 10 Arkansas, and Designated District Map be and is hereby amended to the extent and in the respects necessary 1 1 to affect and designate the change provided for in Section 1 hereof. 12 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 13 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 14 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 15 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 16 ordinance. 17 Section 7. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 18 the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 19 PASSED: January 19, 2021 20 ATTEST: APPROVED: 21 22Ajuh-yl 23 Allison Segars, DWtf City Clerk 24 APPROVED AS TO LEGAL FORM: 25 26'�'' 27 Thomas M. Carpenter, City AW ney 28 29 l/ 30 31 32 // 33 34 35 Frank Scutt, (Page 2 of 21 Uriv p W pu 1 r3 w o1'-j f�r� � MFIIVC a PRD J'`E57R :.................... + J o Q 1=7 I' jai n S CD L� ©I� a L 7 J a L1 [1 I � R2 J �� _ o aC. _ f -r_ ` -�_. cUP. fl L�C,�o nE� uTHDR— -tu_ '1,1 q o q SJ - — L) C3 - i� 12 03 CCUP - -I J� B PCD SUBJECT PROPERTY LJ C4 - Z PCD I 4 C3 = O I f_ U C3.- C3 CUP CUP +� CUP p 03 PCD 8A5ELfN p � L'-_ 'J co .. CUP-� f C T�__ p : C3 03L non 1�� Q C1 PCD _ L 1 .0 LJ i o 0 L.� LJ DR4 R2 El CUP ❑ a Ll ++Lj � ❑ I `% l ` LARA LN BRUNO RD o o PAR Q n r� C C� r uj f�o 11�1� 0 l R2L� a• Q^ v E a - ---.WEST DR Ca ILiI — _ � ❑ [a0000�oT�[]����� o f1i rhoDzicI - � /4 � °� ���D a_ QD -�-, 4 yc Q C q ©Fco pN ��- �a/V R 4 Area Zoning City of Little Rock Planning & Development �j 1 Case: Z-4517-A Location- 4721 Baseline Road Ward: 2 N PD: 14 CT:41.08 0 200 400 TRS: T1 S R12W 6 Feet III Moc RM O 0 Tj 0 D 0 D LI Q © Co a � ❑ Q O Q 0 E= I i l�:) RM f7 + ` 'PI, P n- 'n Z L-f- W c o0 7 �a 0���Q�QQ Q��a CR oQ�o��DOQI]Q�Ogg FRANKIE Lhf Ji cimO a',]olilHH On T3 I ,r-� Lf�i jC-11L .l n p C1 <1 Vicinity Map 0 p o QC�10 ED i MANcL1 rj a ❑ yE , .,STER OR 0 a " LAN 0� �! cRL Qaan Q d LJ L� I( o PK/oS 0 a BUCKfNGHAM n I Q a ©bCaf� i Ej t. j[;3ED �7Q � nWEYMOUTH OR'-' �- Y 1 W i� J SUBJECT PROPERTY �- fjfil a Q 0 111 0Moc a o MIH a Q 11,P � ' a�� pd . M CLM LC --Zj 0 m © RM -D n --LARA LN �4P •BRWNO'RI� Q Lu � z CRLQ e❑Q aX Q. ,r[}} ory(' ^T} `m fad �i p ! I L�7 _ WES[TDRJ � b ci ryJ+ 0 fl !i0 1L' o d •. p�NECO Q o R� �� � �� /A�,p�M. � i7 Land Use Plan City of Little Rock Planning & Development Rev: 10/22/2020 Case: Z-4517-A Location: 4721 Baseline Road Ward:2 N PD: 14 CT: 41.08 o goo 400 TRS: T1 S R12W 6 Feet Ci#v of Little Rock Planning & Development Case No: Z-4517-A Title: PCD Name: La Arandas Taqueria N Location: 4721 Baseline Road ,7 ` pA bE 1.L9 I�t.t uj OFOV 91rlDI.RN ri-MoS I cc n i � m I Vf m3 sN C Q =F Q n � Nc+tCh' �i�3a -°'p9L+ OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JANUARY 19, 2021 AGENDA Subject An Ordinance approving a Planned Zoning Development and establishing a Planned Commercial District titled La Arandas Taqueria Private Club — PCD, located at 4721 Baseline Road. (Z-4517-A) Submitted by: Department of Planning and Development SYNOPSIS FISCAL IMPACT RECOMMENDATION BACKGROUND Action Required 4Ordinance Resolution Approval Information Report Approved By Bruce Moore City Manager The applicant is requesting that the property at 4721 Baseline Road be rezoned from "C-3" General Commercial District to "PCD" Planned Commercial District to allow for a portion of an existing strip center building to be used as a private club (restaurant with alcohol sales). I None Approval The applicant proposes to rezone the 1.35 acre property located at 4721 Baseline Road from "C-3" General Commercial District to "PCD" Planned Commercial District, to allow a portion of the existing commercial strip center building to be used as a private club (restaurant with alcohol sales). The applicant is proposing "C-3" General Commercial District permitted uses as alternate uses for the property. BACKGROUND CONTINUED The property is located at the southeast corner of Baseline Road and S. Heights Road. According to the State Alcoholic Beverage Control (ABC), the property is located in a "dry pocket" within Pulaski County. In a dry area, the ABC requires that a restaurant with alcohol sales be classified as a "private club." The ABC requires that the governing body of a municipality approve a "private club" as noted below: "A private club application may only be submitted to the Alcoholic Beverage Control after the governing body of the county or municipality in which the private club seeks to be located has issued an ordinance approving the private club to operate in that county or municipality. " The subject property contains a 10,000 square foot commercial strip center building which has been in the process of being remodeled. The proposed restaurant with alcohol sales (private club) will occupy 3,000 square feet of the existing building. Other permitted C-3 uses will occupy the remainder of the building. The restaurant will operate from 11:00 am to 10:00 pm, seven (7) days per week. The applicant notes that there will be no outdoor dining, no live music and no dancing associated with the proposed restaurant use. The applicant notes that there are 40 paved parking spaces located in front of the building, between the building and Baseline Road. Section 36-502 (b) (3) h. of the City's Zoning Ordinance would typically require 44 parking spaces for the strip center building. There is additional paved area behind the building which can be used for overflow parking. Staff believes the existing parking is sufficient to serve the existing building. An existing ground -mounted sign is located along the north property line. The existing sign is approximately 20 feet tall and eight (8) feet wide. The applicant notes that this sign as well as any additional signage will conform with the typical C-3 zoning standards. The applicant notes that there will be a dumpster area on the site, located behind the existing building. The dumpster area must be screened as per Section 36-523 (d) of the code. 2 BACKGROUND CONTINUED The applicant also notes that any site lighting will be low- level and directed away from adjacent properties. The applicant provided responses and additional information to all issues raised during staff s review of the application. To staff s knowledge there are no outstanding issues. The applicant is requesting no variances with the proposed PCD rezoning. Staff is supportive of the requested PCD rezoning to allow a portion of the existing building to be used as a "private club" (restaurant with alcohol sales), with C-3 permitted uses an alternate uses. Staff views the request as reasonable. If the property were not located in a dry portion of the county, the restaurant with alcohol sales use would be a permitted use for this C-3 zoned property. The property is located along Baseline Road, principal arterial roadway. The general area contains a mixture of commercial uses and zoning along Baseline Road. The proposed PCD zoning will not to be out of character with other properties in the area, and the proposed use of the property should have no adverse impact on the area. On December 3, 2020, the Planning Commission voted 10 ayes, 0 noes and 1 absent, as part of the Consent Agenda, to recommend approval of the PCD rezoning. There were no objectors present. All owners of property located within 200-feet of the site and the Southwest Little Rock United for Progress, OUR and Upper Baseline Windamere Neighborhood Associations were notified of the public hearing. Please see the attached Planning Commission minute record for the complete staff analysis. 3 I ORDINANCE NO. 2 3 AN ORDINANCE APPROVING A PLANNED ZONING 4 DEVELOPMENT AND ESTABLISHING A PLANNED 5 COMMERCIAL DISTRICT TITLED LA ARANDAS TAQUERIA 6 PRIVATE CLUB — PCD, LOCATED AT 4721 BASELINE ROAD 7 (Z-4517-A), CITY OF LITTLE ROCK, PULASKI COUNTY, 8 ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF 9 THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. 10 11 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 12 ROCK, ARKANSAS. 13 14 SECTION 1. That the zoning classification of the following described property be 15 changed from C-3, General Commercial District, to PCD, Planned Commercial District: 16 17 Z-4517-A — Described as: 18 19 Tract 1: Part of the West 1/2 of the East 1/2 of the NE 1/4 of Section 6, 20 Township 1 South, Range 12 West, in the City of Little Rock, Pulaski 21 County, Arkansas, more particularly described as follows: Beginning 22 at a point 1980 feet North and 355 feet East of the Southwest corner of 23 said W 1/2, E 1/2, NE 1/4; thence North 306.94 feet to the South Right of 24 Way line of Baseline Road; thence East along the South Right of Way 25 line of Baseline Road 101.71 feet; thence South 304.06 feet; thence West 26 101.67 feet to the Point of Beginning (also being known as Lot 4, South 27 Heights Unrecorded, according to Plat filed in the office of the County 28 Clerk of Pulaski County, Arkansas, in County Surveyor's Plat Book 1, 29 Page 29); and 30 Page 1 of 3 1 Tract 2: Part of the West 1/2 of the East 1/2 of the NE 1/4 of Section 6, 2 Township 1 South, Range 12 West, in the City of Little Rock, Pulaski 3 County, Arkansas, more particularly described as follows: Beginning 4 at a point 1980 feet North and 456.67 feet East of the Southwest corner 5 of said W 1/2, E 1/2, NE 1/4; thence North 304.06 feet to the South Right 6 of Way line of Baseline Road; thence East along the South Right of 7 Way line of Baseline Road 101.71 feet; thence South 301.18 feet; thence 8 West 101.67 feet to the Point of Beginning (also being known as Lot 5, 9 South Heights Unrecorded, according to an unrecorded Plat, dated 10 November 20, 1953, prepared by G. A. Denham, Reg. Engr.) 11 12 LESS AND EXCEPT from both tracts that part of Lots 4 and 5 South 13 Heights, conveyed in Warranty Deed by First National Bank of 14 Fayetteville, Arkansas to the Arkansas State Highway Commission 15 filed for record February 2, 1989 and recorded as Instrument No. 89- 16 06299, records of Pulaski County, Arkansas. 17 18 SECTION 2. That the preliminary site development plan/plat be approved as 19 recommended to the Little Rock Planning Commission. 20 21 SECTION 3. That the change in zoning classification contemplated for La 22 Arandas Taqueria Private Club - PCD, located at 4721 Baseline Road (Z-4517-A) is 23 conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article 24 VII, Section 36-454 (e) of the Code of Ordinances. 25 26 SECTION 4. That this Ordinance shall not take effect and be in full force until the 27 final plan approval. 28 29 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of 30 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the 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 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. PASSED: ATTEST: APPROVED: City Clerk APPROVED AS TO FORM: City Attorney // // // Mayor Page 3 of 3