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HomeMy WebLinkAboutZ-9662 BOD Staff ReportOFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION MARCH 15, 2022 AGENDA Subject An Ordinance approving a Planned Zoning Development titled Club Empire Private Club and Event Center — PD-C (Z-9662) located at 3315 West Roosevelt Road. 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 proposes to rezone the 0.34 acre property from "C-3" General Commercial District to "PD-C" Planned District - Commercial to allow transfer of a 5:00 a.m. private club license and to allow use of the existing facility as an event center. I None Approval of the Ordinance The applicant is requesting to rezone the property at 3315 West Roosevelt Road from "C-3" General Commercial District to "PD-C" Planned District — Commercial, to allow transfer of a 5:00 a.m. private club liquor license to this location. The applicant has operated a night club (2:00 a.m. liquor license) at this address since May of 2018. The applicant has informed staff of the following, with respect to the proposed event center use: BACKGROUND CONTINUED "This is to inform the city that from time to time, Empire will bring in bands/shows to perform, in which we will charge a separate admission price for. Typically, the shows will be over before 2 a.m." The property is occupied by a two-story commercial building. An access drive from West Roosevelt Road is located at the northeast corner of the property. Paved parking is located on the north and east sides of the building. There is a larger parking lot on the adjacent property to the west and south. This existing use shares the larger parking lot with the business at 3325 West Roosevelt Road (same property owner). The applicant is proposing to transfer an existing 5:00 a.m. private club liquor license from 1501 N. University Avenue (first floor of the Prospect Building) to 3315 West Roosevelt Road. The ABC requires 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." Section 36-301 allows a private club with dining or bar service as a Conditional Use (CUP). However, the proposed transfer will require the C-3 (General Commercial District) to be changed to a "PD-C" (Planned Commercial District) to allow the existing use as a private club to comply with the Arkansas Control Board (ABC), since an ordinance is required. Section 4-51 of Chapter 4 (Alcoholic Beverages) of the City of Little Rock Code of Ordinances is as follows: "Section 4-51. — Hours of operation for a transferred private club permit. Any class B private club permit transferred into the corporate limits of the city after the effective date of this section [September 21, 2020], shall be restricted in the hours of operation to no earlier than 7:00 a.m. 2 and no later than 2:00 a.m.; provided, that this restriction shall not apply to the provisions of this Code of Ordinances that relates to legitimate sale of alcoholic beverages for consumption in any hotel or restaurant permitted to do so by state law and this Chapter 4 of this Code of Ordinances; and, provided further, tlrit this restriction shell not .apply to the transfer of any permit in existence fora private club lra.cateci ��.ithi�2 the corporate limits of the city on the ef'rective elate of this section [September i 1, 2010], it the transfer is perrnittud after a public hearing by the alcoholic bc,,crage control board, or its &Uccessor." On February 10, 2022, the Planning Commission voted 10 ayes, 0 noes, 0 absent and 1 open position, as part of the Consent Agenda, to approve the PD-C rezoning. There were no objectors present. All owners of property located within 200 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 TITLED CLUB EMPIRE PRIVATE CLUB AND EVENT CENTER — PD-C, AND APPROVING THE ACTION OF CLUB EMPIRE, LOCATED AT 3315 WEST ROOSEVELT ROAD (Z-9662), LITTLE ROCK, ARKANSAS, BY FILING AN APPLICATION WITH THE STATE FOR OPERATION DURING CERTAIN HOURS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Club Empire, located at 3315 West Roosevelt Road, Little Rock, Arkansas, is a private club that seeks to modify the hours of its permit to operate as a private club in compliance with the Arkansas Beverage Control Division ("ABC") Rules and Regulations and 16 Arkansas Statutes and to comply with Ark. Code Ann. 3-9-222(A)(1); and, WHEREAS, Act 11 12 of 2017, codified at Ark. Code Ann. 3-9-222(a)(1), as amended, requires that applicants for a Private Club License obtain approval of the Governing Body of the City or County where the private club is to be located to follow the statutory process. NOW, 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 C-3, General Commercial District, to PD-C, Planned District - Commercial: Z-9662 — DESCRIBED AS PART OF THE NW1/4 NE1/4 OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 12 WEST, IN PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY Page 1 of 4 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 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NWI/4 NEIA OF SAID SECTION 17; THENCE SOUTH 30 FEET; THENCE IN A WESTERLY DIRECTION ALONG THE SOUTH RIGHT OF WAY LINE OF ROOSEVELT ROAD A DISTANCE OF 135.5 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 4 DEGREES EAST 110 FEET; THENCE NORTH 88 DEGREES WEST PARALLEL WITH THE SOUTH LINE OF ROOSEVELT ROAD, A DISTANCE OF 125 FEET; THENCE NORTH 4 DEGREES WEST 110 FEET TO A POINT ON THE SOUTH LINE OF ROOSEVELT ROAD; THENCE SOUTH 88 DEGREES EAST ALONG SAID SOUTH LINE OF ROOSEVELT ROAD 125 FEET TO THE POINT OF BEGINNING. Section 2. That the preliminary site development plan/plat be approved as presented to the Little Rock Planning Commission. Section 3. That the change in zoning classification contemplated for Club Empire Private Club and Event Center — PD-C, located at 3315 West Roosevelt Road (Z-9662), is conditioned upon obtaining final plan approval within the time specified by Chapter 36, Article VII, Section 36-454 (e) of the Code of Ordinances. Section 4. Pursuant to Act 1 112 of 2017, as may be amended, the City of Little Rock, Arkansas, approves the action of Club Empire to follow the statutory process to modify its hours of operation, and to file a Private Club Application with the Department of Finance and Administration, Alcoholic 27 Beverage Control (ABC) Division, for the location at 3315 West Roosevelt Road, Little Rock, Arkansas, 72204. Section 5. A copy of this ordinance, as amended, may be provided to the ABC Division of the Arkansas Department of Finance and Administration as evidence that the City Governing Body has authorized such a use within this zoning classification. Page 2 of 4 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 Section 6. That this ordinance shall take effect and be in full force until the final plan approval. Section 7. 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 8. 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 9. 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. Section 10. Emergency Clause. The necessity of appropriate procedures to follow in order to obtain a permit for the sale of alcoholic beverages that complies with State Statutes and Regulations, and which is stated in a way acceptable to the ABC is essential to the public health, safety and welfare, because it provides a means for the ABC to undertake its appropriate enforcement, administrative, permitting duties; this ordinance cannot proceed until such language is in place; therefore, an emergency declared to exist. Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 PASSED: ATTEST: Susan Langley, City Clerk APPROVED AS TO LEGAL FORM: 13 Thomas M. Carpenter, City Attorney 14 H 15 H APPROVED: Frank Scott, Jr., Mayor Page 4 of 4 FILE NO.: Z-9662 NAME: Club Empire Private Club and Event Center— PD-C LOCATION: 3315 West Roosevelt Road DEVELOPER: Bryan Stewart, Sr. 3315 West Roosevelt Road Little Rock, AR 72204 OWNER/AUTHORIZED AGENT: Herbert L. Broadway — Owner Bryan Stewart, Sr. - Applicant SURVEYOR/ENGINEER: N/A AREA: 0.34 acres WARD: 1 CURRENT ZONING: NUMBER OF LOTS: 1 PLANNING DISTRICT: 9 C-3 VARIANCEIWAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 12 The applicant requests to rezone the property from C-3 to PD-C to allow transfer of a 5:00 a.m. private club license, and to allow use of the existing facility as an even center. B. EXISTING CONDITIONS: The property is occupied by a two-story commercial building. An access drive from West Roosevelt Road is located at the northeast corner of the property. Paved parking is located on the north and east sides of the building. FILE NO.: Z-9662 Cont. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock were notified of the public hearing. D. ANALYSIS: The applicant is requesting to rezone the property at 3315 West Roosevelt Road from "C-3" General Commercial District to "PD-C" Planned District — Commercial, to allow transfer of a 5:00 a.m. private club liquor license to this location. The applicant has operated a night club (2:00 a.m. liquor license) at this address since May of 2018. The applicant has informed staff of the following, with respect to the proposed event center use: "This is to inform the city that from time to time, Empire will bring in bands/shows to perform, in which we will charge a separate admission price for. Typically, the shows will be over before 2 a.m." The property is occupied by a two-story commercial building. An access drive from West Roosevelt Road is located at the northeast corner of the property. Paved parking is located on the north and east sides of the building. There is a larger parking lot on the adjacent property to the west and south. This existing use shares the larger parking lot with the business at 3325 West Roosevelt Road (same property owner). The applicant is proposing to transfer an existing 5:00 a.m. private club liquor license from 1501 N. University Avenue (first floor of the Prospect Building) to 3315 West Roosevelt Road. The ABC requires 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." Section 36-301 allows a private club with dining or bar service as a Conditional Use (CUP). However, the proposed transfer will require the C-3 (General Commercial District) to be changed to a "PD-C" (Planned Commercial District) to 2 FILE NO.: Z-9662 (Cont. allow the existing use as a private club to comply with the Arkansas Control Board (ABC), since an ordinance is required. Section 4-51 of Chapter 4 (Alcoholic Beverages) of the City of Little Rock Code of Ordinances is as follows: "Section 4-51. — Hours of operation for a transferred private club permit. Any class B private club permit transferred into the corporate limits of the city after the effective date of this section [September 21, 2020], shall be restricted in the hours of operation to no earlier than 7:00 a.m. and no later than 2:00 a.m.; provided, that this restriction shall not apply to the provisions of this Code of Ordinances that relates to legitimate sale of alcoholic beverages for consumption in any hotel or restaurant permitted to do so by state law and this Chapter 4 of this Code of Ordinances; and, provided further, that this restriction shall not apply to the transfer of any permit in existence for a private club located within the corporate limits of the city on the effective date of this section [September 21, 2010], if the transfer is permitted after a public hearing by the alcoholic beverage control board, or its successor." Staff is supportive of the requested PD-C zoning to allow an event center use and transfer of a 5:00 a.m. private club license, as the applicant will be transferring a 5:00 a.m. private club liquor license from 1501 N. University Avenue to 3315 West Roosevelt Road, a location where a 2:00 a.m. private club currently exists. E. STAFF RECOMMENDATION: Staff recommends approval of the requested PD-C zoning, as filed. PLANNING COMMISSION ACTION: (FEBRUARY 10, 2022) The applicant was present. There were no persons present registered in support or opposition. Staff presented the item and a recommendation of approval 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, including all staff comments and conditions. The vote was 10 ayes, 0 nays and 1 open position.