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HomeMy WebLinkAboutPC Action Letter - Denied 051922Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Shone: (501 )371-4790 Fax: (501)399-3435 May 18, 2022 Ken Roberts Architects 7123 1-30, Suite 37 Little Rock, AR 72209 Re: File No. Z-7021-C Zarate Bar and Grill — PD-C Dear Mr. Roberts: Planning Development Building Codes This is to advise you that in connection with your request concerning the above referenced file number the following action was taken by the Planning Commission at its meeting on May 12, 2022: X Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to the Other: Meeting. If you have any questions please do not hesitate to contact me at 371-4792. Respectfully, Monte Moore Development Administrator May 12, 2022 ITEM NO.: 5 FILE NO.: Z-7021-C NAME: Zarate Bar and Grill — PD-C LOCATION: 6512 Mabelvale Cut -Off ❑EVELOPER: Jesus Martinez Zarate (Owner) 14 Brentwood Lane Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Jesus Martinez Zarate (Owner) Kenneth J Roberts AIA (Agent) 7123 Interstate 30, Suite 37 Little Rock, AR 72209 (501) 413-1471 SURVEYO UENGINEER: White-Daters and Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 AREA: 3.107 acres WARD: 2 CURRENT ZONING: VARIANCE IWAIVERS: NUMBER OF LOTS: 1 PLANNING DISTRICT: 15 M None requested. A. PROPOSALIREQUESTIAPPLICANrS STATEMENT: FT. NEW STREET: 0 LF CENSUS TRACT: 41.06 Applicant is requesting a rezoning from R-2, Single-family to a PC-D, Planned Development - Commercial, to allow the renovation of an existing 20,406 square foot building on 3.107 acres located at 6512 Mabelvale Cutoff for a bar and grill restaurant. May 12, 2022 ITEM NO.: 5 Cont. FILE NO.: Z-7021-C B. EXISTING CONDITIONS: The property is currently unoccupied and contains an existing R-2 zoned 20,406 square foot skating rink structure with masonry walls and metal roofing. The parking lot currently has over (62) spaces with a loading area and dumpster pad along the south side of the building. C. NEIGHBORHOOD NOTIFICATIONS: 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. ENGINEERING COMMENTS: No Comment. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: No comments received. Enter : No comments received. CenterPoint Summit Energy: No comments. AT & T: No comments received. Central Arkansas Water: NO OBJECTIONS; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix ❑ of the 2012 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 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads E May 12, 2022 ITEM NO.: 5 Cant. FILE NO.: Z-7021-C 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 2012 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 ❑ of the 2012 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 Lip to 124,000 square feet that have a single approved fire apparatus access road where 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 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 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. Parks and Recreation: No comments received. County Plannin : No comments. �3 May 12, 2022 ITEM NO.: 5 Cont. FILE NO.: Z-7021-C F. BUILDING CODES/LANDSCAPE: Buil ng Code: No comments received. Landscape: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. Any existing vehicular use area that does not meet current code requirements may continue as nonconforming until such time a building permit is issued to rehabilitate a structure on the property exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50) percent of the existing vehicular use area shall be brought into compliance with current code and shall continue to full compliancE) on a graduated scale based upon the percentage of rehabilitation cost. 3. Any new building rehabilitation or expansion may require the existing landscaping, buffer, or vehicular use areas not meeting the current code requirements to be brought into compliance. Existing vehicular use areas may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10) percent of the existing vehicular use area shall be brought into compliance on a graduated scale. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANSPORTATION/PLANNING: Rock Re ion Metro Planning Division: No Comments Received The request is in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density (RL) for the requested area. The Residential Low (RL) category provides for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single-family homes but may also include patio or garden homes and cluster homes, provided that the density remains less than 6 units per acre. The application is to rezone from Single -Family (R-2) to a Planned Commercial 4 May 12, 2022 ITEM NO.: 5(Cont.)FILE NO.: Z-7021-C District (PCD) to allow for the use of the property and existing structure as a bar and grill. Surrounding the application area, the Land Use Plan shows Residential Low Density (RL) to the north, west, and south, with Residential Medium Density (RM) to the direct south. To the east is RL and Residential High Density (RH). Adjacent to the property on Mabelvale Cutoff Road is Commercial (C). The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi -family and patio or garden homes. The Residential High Density (RH) category accommodates residential development of more than twelve (12) dwelling units per acre. The Commercial 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 land immediately surrounding the property in all directions is currently zoned Single -Family Residential (R-2). R-2 establishes areas that protect single-family uses by promoting and encouraging a suitable environment for family life, by providing a reasonable standard for light, air and similar amenities, by minimizing traffic congestion, and by avoiding the overloading of utilities and public facilities designed to service only one -family residential uses. To the east of the property past the R-2 zone, are Multifamily district (MF-24) and Genera{ Commercial District (C-3) zones. The Multifamily district (MF-24) provides for suitable areas in the city for medium -density residential uses and structures at a density of not more than eighteen (18) and twenty-four (24) units per gross acre respectively. The General Commercial District (C-3) provides for development of a broad range of general sales and service uses. To the south, across Mabelvale Cutoff Road is Two - Family Residential (R-4). R-4 provide areas for the development of two-family residential structures in spacious surroundings, and to facilitate the conversion of one -family residences to two-family use in established developed areas. The applicant land is currently zoned Single -Family residential and was previously used as a roller-skating rink. Master Street Plan: To the south is Mabelvale Cutoff Road, a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff Road since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 5 May 12, 2022 ITEM NO.: 5 Cont. Fil F NO Z-7021-C Bic cle Plan: There are no existing or proposed bike routes adjacent to or through this land. Historic Preservation Plan: There are no existing historic sites on, or in proximity to, this land. H. ANALYSIS: Applicant is requesting a rezoning from "R-2", Single -Family District to "PD-C", Planned Development - Commercial, to allow the renovation of an existing 20,406 square foot building on 3.06 acres located at 6512 Mabelvale Cutoff for a bar and grill restaurant and a rental space for events such as weddings and birthday parties. The property is currently unoccupied and contains an existing R-2 zoned 20,406 square foot commercial skating rink structure with masonry walls and metal roofing. A cell tower is located at the northeast corner of the site with a fence enclosure and a service drive along the north side of the building. The property is located near the intersection of Mabelvale Cut -Off and Warren Drive. The area is predominantly zoned R-2 Residential to the west, north, and south of the property across Mabelvale Cut -Off. The overall area has adjacent MF-24 developments to the east and south with commercial zoned properties to the east bordering Mabelvale Cut -Off. The site plan shows the reuse of the existing parking lot to the east of the building with sixty-two (62) parking spaces and a two (2) lane access drive connecting to the Mabelvale Cut -Off Street to the south. The proposed parking configuration is less than the typical required minimum of (204) spaces per Section 36-502 (3) (c) of the City's Zoning Ordinance. The site plan notes a dumpster location on the south side of the building. The dumpster area must be screened as per Section 36-523 (d) of the City's Zoning Ordinance. All new signage will comply with Section 36-555 of the City's Zoning Ordinance (signs permitted in commercial zoning). All new or reconfigured site lighting will be low-level and directed away from adjacent properties. Staff does not support the requested PD-C rezoning. Staff does not believe the request is reasonable. Staff believes the proposed use is not appropriate for the site's proximity to the surrounding residential developments. The property is 9 May 12, 2022 ITEM NO.: 5 Cont. FILE NO.: Z_7021-C designated as RL Low Density Residential by the City'sFuture Land Use Plan and is located adjacent to R-2 zoned properties along all property boundaries. Staff believes that the proposed use will have an adverse impact on the surrounding residential properties and that a lower intense office use or residential development will be most appropriate for this property. 1. STAFF RECOMMENDATION: Staff recommends denial of the requested PD-C rezoning. PLANNING COMMISSION ACTION: (MAY 12, 2022) The applicants, Kenneth Roberts and Jesus Martinez, were present. There were persons registered in opposition to the application. Staff presented the item and a recommendation of denial as outlined in the "staff recommendation" above. The applicant deferred to the registered opposition. Troy Laha addressed the Commission, President of the Southwest Little Rock United for Progress, in opposition to the application. He stated SWLRUP contacted the applicant in May 2022 to meet with the neighborhood association, however the applicant declined. He noted that the residents in the area are older and did not like to be kept awake during the night. Neighbors have contacted the police in the past regarding noise coming from the site. Mildred Walker addressed the Commission in opposition to the application. She stated the applicant was invited to attend a neighborhood association regarding the application, however did not show up. He stated the neighborhood association is opposed to a bar and grill and the traffic it may generate. Kenneth Roberts addressed the Commission is support of the application. He addressed the noise concerns, stated the building currently operates as a skating rink and had acoustical insulation which prevent noise from the site when the facility doors are closed. He noted alcohol is also sold by gas stations and liquor stores within the area. The Commission asked the applicant several questions regarding the events at the skating rink, addressed concerns regarding traffic, noise and speeding and frequent accidents in the area. The applicant provided responses to the Commission and noted he discussed the proposal with staff and led to believe the application would be approved. Staff provided clarification regarding the PZD process by staff which does not constitute approval. Staff also provided clarification regarding zoning, annexation, conforming and legally non -conforming uses. 7 May 12, 2022 ITEM NO.: 5(Cont.)FILE NU.: Z-7021-C There was a motion to approve the application including all comments and recommendations, except the recommendation of denial by staff by staff. The motion was seconded. The vote was 1 aye, 9 nays, 0 absent and 1 open position. The application was denied. E.