HomeMy WebLinkAboutBOD Staff Report 081523OFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
APRIL 18, 2023 AGENDA
Subject
An Ordinance approving
a Planned Zoning
Development titled White
Water Tavern — PD-C
(Z-3125-C) located at
2507 West 7ch Street.
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
4 Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The applicant proposes to rezone the 0.78 acre property
from "R-3" Single Family District and "I-2" Light
Industrial District to "PD-C" Planned District —
Commercial to allow continued use of the property as a
restaurant, bar and musical entertainment venue.
I None
Approval of the Ordinance.
The applicant proposes to rezone the property located at
2507 W. 7th Street from R-3 and I-2 to PD-C to allow
continued use of the property as a restaurant, bar, and
musical entertainment venue. This property has
deteriorated over time, and the owners wish to rehab the
structure and add outdoor seating to the west of the main
structure. They also plan improvements to the parking
areas around the building and to construct exterior fencing.
The property contains an existing one-story wood -frame
structure, which was constructed in 1956. The surrounding
area is reflective of the property itself, with a mix of R-3
and I-2 zoning. The development encompasses an entire
BACKGROUND
CONTINUED
block (save for one structure) at the corner of 7th and Thayer
Streets. Most of this block is vacant and will be used
toward the improvements planned for the area.
The proposal calls for improvements to the gravel lots to
the east and west of the main structure. These lots have
been historically used as parking for this business since it's
inception. These improvements include proposed concrete
aprons on both lots, allowing vehicles smooth transition
from the road to the parking area. These lots will remain
gravel. They propose a new 5' wide sidewalk along W. 7th
Street in addition to a proposed right-of-way dedication
along the same route. The parking area to the east will also
being improved will a new concrete apron and a proposed
`timber barricade' between the lot and the roadway. The
east parking area improvements also call for a right-of-way
closure. Any ROW closure or dedication will be heard
separately by the City of Little Rock Board of Directors.
On March 9, 2023, the Planning Commission voted
9 ayes, 0 noes, 1 absent and 1 abstention, 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.
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ORDINANCE NO.
AN ORDINANCE APPROVING A PLANNED ZONING
DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT
— COMMERCIAL TITLED WHITE WATER TAVERN — PD-C,
LOCATED AT 2507 WEST 7TH STREET (Z-3125-C), CITY OF
LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE
ROCK; AND FOR OTHER PURPOSES.
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 R-3, Single Family Residential and I-2 Light Industrial District, to PD-C,
Planned District — Commercial:
Z-3125-C — DESCRIBED AS THE WEST ONE HALF OF LOT 5,
BLOCK 8, FERNDALE ADDITION TO THE CITY OF LITTLE
ROCK, PULASKI COUNTY, ARKANSAS. LESS AND EXCEPT
THE SOUTH 20 FEET THEREOF DEEDED TO THE CITY OF
LITTLE ROCK IN DEED BOOK 246, PAGE 278.
AND
THE EAST HALF OF LOT 5, BLOCK 8, OF FERNDALE ADDITION
TO LITTLE ROCK, PULASKI COUNTY, ARKANSAS, LESS AND
EXCEPT THE SOUTH 20 FEET THEREOF DEEDED TO THE
CITY OF LITTLE ROCK FOR USE AS A STREET, AND SUBJECT
TO THE RIGHT OF OWNERS OF PROPERTY IN BLOCK 8,
FERNDALE, LYING TO THE EAST OF THE ABOVE DESCRIBED
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TO INGRESS AND EGRESS OVER A 10 FOOT STRIP AT THE
REAR OF THE ABOVE DESCRIBED, SO LONG AS THE
PLATTED ALLEYWAY REMAINS IMPASSABLE.
AND
TRACT 1: THE SOUTH 120 FEET OF LOT 7, BLOCK 8,
FERNDALE ADDITION TO THE CITY OF LITTLE ROCK,
ARKANSAS, AND PART OF LOT 8, BLOCK 8, FERNDALE
ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AND
MORE PARTICULARLY DESCRIBED AS: BEGINNING 13 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID LOT 8;
THENCE NORTH 72 FEET; THENCE EAST 50 FEET; THENCE
SOUTH 72 FEET; THENCE WEST 50 FEET TO THE POINT OF
BEGINNING, A/K/A AS TAX PARCEL NO. 34L-044.00-091.00,
A/K/A AS 2500 WEST 7TH STREET, LITTLE ROCK, ARKANSAS
72205, ANO A/K/A THE BUSINESS. WHITE WATER TAVERN
AND
TRACT 2: THE EAST 1/2 OF LOT 6, BLOCK 8, FERNDALE
ADDITION TO THE CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, EXCEPT THE SOUTH 20 FEET
THEREOF, AND A/K/A TAX PARCEL NO. 34L040008700.
TRACT 3: THE WEST 1/2 OF LOT 6, BLOCK 8, FERNDALE
ADDITION TO THE CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, EXCEPT THE SOUTH 20 FEET
THEREOF, AND A/K/A TAX PARCEL NO. 341,0440008600.
AND
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I PART OF BLOCK 21, CAPITOL HILL EXTENSION ADDITION TO
2 THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS,
3 LYING NORTH AND WEST OF MOPAC RAILROAD, MORE
4 PARTICULARLY DESCRIBED AS.: BEGINNING AT THE
5 NORTHWEST CORNER OF BLOCK 21; THENCE EAST ALONG
6 NORTH LINE Of BLOCK 21, 223.0 FEET TO THE WEST RIGHT
7 OF WAY OF MOPAC RAILROAD; THENCE SOUTHWESTERLY
8 ALONG SAID RIGHT OF WAY,132.6 FEET; THENCE CONTINUE
9 SOUTHWESTERLY ALONG SAID RIGHT OF WAY, 121.8 FEET;
10 THENCE WEST 36.3 FEET TO WEST LINE OF BLOCK 21 AND
11 THE EAST RIGHT OF WAY OF THAYER STREET, SAID POINT
12 BEING 25 FEET SOUTH OF THE NORTHWEST CORNER OF LOT
13 4; THENCE NORTH ALONG WEST LINE BLOCK 21 AND THE
14 EAST RIGHT OF WAY LINE OF THAYER STREET, 176.11 FEET
15 TO THE POINT OF BEGINNING.
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17 SECTION 2. That the preliminary site development plan/plat be approved
18 as recommended by the Little Rock Planning Commission.
T
20 SECTION 3. That the change in zoning classification contemplated for White
21 Water Tavern — PD-C, located at 2507 West 7t' Street (Z-3125-C) is conditioned upon
22 obtaining final plan approval within the time specified by Chapter 36, Article VII, Section
23 36-454 (e) of the Code of Ordinances.
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25 SECTION 4. That this Ordinance shall not take effect and be in full force until the
26 final plan approval.
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28 SECTION 5. That the map referred to in Chapter 36 of the Code of Ordinances of
29 the City of Little Rock, Arkansas, and designated district map be and is hereby amended to the
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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:
City Clerk
APPROVED AS TO FORM:
City Attorney
//
//
//
//
APPROVED:
Mayor
Page 4 of 4
FILE NO.: Z-31
NAME: White Water Tavern — PD-C
LOCATION: 2507 W. 7th Street
DEVELOPER:
Travis B. Hill (Owner)
2507 W. 7th Street
Little Rock, AR 72205
OWNER/AUTHORIZED AGENT:
Stephen R. Giles (Agent)
200 West Capitol Ave.
Suite 2300
Little Rock, AR 72201
SURVEYOR/ENGINEER:
Joe White & Associates
25 Rahling Circle
Suite A-2
Little Rock, AR 72223
AREA: 0.78 acres
WARD: 3
CURRENT ZONING:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 9
R-3 and €-2
VARIANCEIWAIVERS: None requested.
A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT:
FT. NEW STREET: 0 LF
CENSUS TRACT: 48
The applicant proposes to rezone the property located at 2507 W. 7th Street from
R-3 and 1-2 to PD-C to allow continued use of the property as a restaurant, bar,
and musical entertainment venue. This property has deteriorated over time, and
the owners wish to rehab the structure and add outdoor seating to the west of the
FILE NO.: Z-3125-C Cont.
main structure. They also plan improvements to the parking areas around the
building and to construct exterior fencing.
B. EXISTING CONDITIONS:
The property contains an existing one-story wood -frame structure, which was
constructed in 1956. The surrounding area is reflective of the property itself, with
a mix of R-3 and 1-2 zoning. The development encompasses an entire block (save
for one structure) at the corner of 7th and Thayer Streets. The majority of this block
is vacant and will be used toward the improvements planned for the area.
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. ENGINEERING COMMENTS:
Any work involving one (1) or more acres of disturbed area require a
State of Arkansas NPDES permit. Contact the Arkansas Department of
Environmental Quality, NPDES branch at 501-682-0744 for applications and
information about General Stormwater Discharge Construction Permit
#ARR150000.
2. Per City Rev. Code 29-99, stormwater detention for developments is
required. Provide stormwater detention infrastructure to satisfy this
requirement. Exception to this requirement is described in City Code 29-100:
"If an existing site with an existing coefficient of runoff of 1.0 (totally
impervious) is developed, no on -site detention or in -lieu fee for detention is
required. Also, if an existing site is developed whereby the coefficient of
runoff is reduced to a lesser value, no on -site detention or in -lieu fee is
required."
3. A drainage study showing all hydrologic and hydraulic calculations for the
proposed storm sewer pipe system, detention ponds and structures, and
inlets is required. For final drainage report, sign, date, and seal the report per
AR State Board of Professional Engineers and Professional Surveyors rules
Article 12, Section B (1) (a). Provide engineer's certification statement saying
this drainage report was conducted by yourself or directly under your
supervision and attesting to the accuracy of the information within.
4. The Department requires three (3) phase sediment and erosion control (SEC)
plans to be submitted for all construction projects showing best management
practices (BMPs) for mitigating sediment runoff and erosion along with
vegetation specifications for temporary and permanent soil stabilization.
Phase 1 SEC plans shall show SEC BMPs during the stripping, clearing,
grubbing, and rough grading of the site. Phase 2 SEC plans shall show SEC
2
FILE NO.: Z-3125-C Cont.
BMPs during construction of utilities, buildings, roadway infrastructure and
drainage infrastructure. Phase 3 SEC Plans shall show SEC BMPs for final
grading, seeding, and landscaping of the site.
5. Sediment and Erosion Control plans shall also show the pertinent information
as outlined in ADEQ ARR150000 Permit Part II section A-4-H (1-14) and Part
II section A-4-1-2 (A-B).
6. Damage to public and private property due to hauling operations or
operations of construction related equipment from a construction site shall be
repaired by the responsible party prior to the issuance of a certificate of
occupancy.
7. Provide as -built plans and data entry template of newly installed or modified
public and private stormwater drainage system prior to issuance of the
certificate of occupancy. The as -built plans should contain information as
found on the City of Little Rock website at https://www.littlerock.gov/ci -
admin istration/cit -de artmentsl ublic-works/a pQ1ications-deta ils-and-
manuals/. Provide the as -built plans and data entry template to Planning and
Development Dept., Civil Engineering Private Development by email to
csmith littlerock. ❑v and cc dwarner littlerock. ov. If you have any
questions or desire additional information, please do not hesitate to contact
Planning and Development Dept., Civil Engineering Private Development at
501-371-4817 or at 501-918-5348 or email Perm itskDlittlerock. ov.
8. Per City Code 31-210 (e) (4), Driveways for commercial uses approved to be
located on a residential street shall be spaced the same as for other
commercial streets. However, for properties that are located on existing
platted residential lots of the same size and character as adjoining residential
properties the driveway requirements are to be the same as listed in section
30-43: maximum width twenty (20) feet, the drive shall be five (5) feet from
property line and twenty-five (25) feet from the right-of-way of an adjacent
street.
9. Thayer Street and Coates Street are classified as a local streets per City's
Master Street Plan. Therefore, dedication of fifty (50) feet of total right of way
from centerline of Thayer Street and Coates Street respectively per master
street plan is required.
10. Boundary street improvements are required per master street plan on Thayer
Street and Coates Street along the developer's street frontage for both
streets. Boundary street improvements shall include, but not be limited to,
reconstruction of one-half section of the abutting street if the existing street is
not up to city standards. Repair, replace, or extend existing damaged,
missing, and noncompliant curb and gutter, sidewalk, access ramps or
concrete driveway aprons within the public right-of-way adjacent to the
site. Remove abandoned driveway cuts and replace with curb, gutter, and
sidewalk. All work within the public right-of-way shall conform to City of Little
Rock Public Works Standard Details and ADA guidelines.
3
FILE NO.' Z-3125-C(Cont.)
11. Per City Code 31-206 (f), "Property line corners at street intersections shall
be rounded with a radius of at least twenty (20) feet."
12. Existing building shall meet all accessibility requirements as outlined in
Section 3411.4.2 in the 2012 Arkansas Fire Prevention Code.
13. Provide accessible route from the public right of way to the proposed building
entrance in accordance with 2012 Arkansas Fire Prevention Code Section
1104.1.
14. Provide accessible route from the accessible parking stalls' aisles to
proposed buildings' entrances in accordance with Section 402 & 502 of ICC
A117.1-2017 and 2012 Arkansas Fire Prevention Code Sections 1104.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authori : No comments received.
Entergv: No comments received.
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 D
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
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
4
FILE NO.: Z-3125-C
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 D 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 up to 124,000 square feet
that have a single approved fire apparatus access road when 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.
Gates
Maintain fire apparatus access road gates as per Appendix D of the 2012
Arkansas Fire Prevention Code Vol. 1 Section D103.5 Fire apparatus access
road gates. Gates securing the fire apparatus access roads shall comply with
all of the following criteria:
1. Minimum gate width shall be 20 feet.
2. Gates shall be of swinging or sliding type.
3. Construction of gates shall be of material that allow manual operation by one
person.
4. Gate components shall be always maintained in an operable condition and
replaces or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices
shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and padlock
unless they are capable of being opened by means of forcible entry tools or
when a key box containing the keys to the lock is installed at the gate location.
5
FILE NO.: Z-3125-C (Cont.
7. Locking device specifications shall be submitted for approval by the fire code
official.
8. Electric gate operators, where provided, shall be listed in accordance with
UL 325.
9. Gates, intended for automatic operation shall be designed, constructed and
installed to comply with requirements of ASTM F 2200.
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 Planning: No comments.
F. BUILDING CODES/LANDSCAPE:
Building Code: No comments received.
Landscape: No comments.
G. TRANSPORTATION/PLANNING:
Rock Region Metro: No comments received.
Planning Division:
The request is in the 1-630 Planning District. The Land Use Plan shows Office (0)
and Park/Open Space (PK/OS) for the requested area. The Office (0) category
represents services provided directly to consumers (e.g., legal, financial, medical)
as well as general offices which support more basic economic activities. The
Park/Open Space (PK/OS) category includes all public parks, recreation facilities,
greenbelts, flood plains, and other designated open space and recreational land.
The application is to rezone from R-3 (Single Family District) and 1-2 (Light
Industrial District) to PD-C (Planned Development - Commercial). This is to
recognize an existing non -conforming use (bar with patio and parking) with
improvements.
West of the application area is Office (0) on the Plan Map. This area has single
family homes and an auto service use. The Office (0) category represents
services provided directly to consumers (e.g., legal, financial, medical) as well as
general offices which support more basic economic activities. South of 7th Street
FILE NO.: Z-3125-C Cont.
is Service Trades District (STD) with commercial warehouses. This category
provides for a selection of office, warehousing, and industrial park activities that
primarily serve other office service or industrial businesses. The district is intended
to allow support services to these businesses and to provide for uses with an office
component. To the north is Residential Low Density (RL) with developed
residential uses. On the east is Park/Open Space (PKIOS). The ParkJOpen Space
(PKIOS) category includes all public parks, recreation facilities, greenbelts, flood
plains, and other designated open space and recreational land. This area parallels
the Union Pacific Railroad tracks and includes some area where the tracks have
been taken up.
Master Street Plan:
Thayer Street is adjacent on the east and south, and Coates Street is adjacent on
the west. Both are both Local Streets. A Local Street which abuts non-residential
or residential use which is more intense than duplex or two -unit residential is a
Commercial Street. These streets have the same design standard as a Collector.
Right-of-way is 60'. Sidewalks are required on both sides. These streets may
require dedication of additional right-of-way and may require street improvements.
Bicycle Plan:
The Master Bike Plan Map shows a proposed Class II I Bicycle Route along Cates
Street which is designated with only signage for bicycle use. These routes use the
existing vehicular area, with no physical separation.
Historic Preservation Plan:
This site is in the Capitol View National Register Historic District.
H. ANALYSIS:
The applicant proposes to rezone the property located at 2507 W. 7th Street from
R-3 and 1-2 to PD-C to allow continued use of the property as a restaurant, bar,
and musical entertainment venue. This property has deteriorated over time, and
the owners wish to rehab the structure and add outdoor seating to the west of the
main structure. They also plan improvements to the parking areas around the
building and to construct exterior fencing.
The property contains an existing one-story wood -frame structure, which was
constructed in 1956. The surrounding area is reflective of the property itself, with
a mix of R-3 and 1-2 zoning. The development encompasses an entire block (save
for one structure) at the corner of 7th and Thayer Streets. Most of this block is
vacant and will be used toward the improvements planned for the area.
7
FILE NO.: Z-3125-C (Cont.
The proposal calls for improvements to the gravel lots to the east and west of the
main structure. These lots have been historically used as parking for this business
since it's inception. These improvements include proposed concrete aprons on
both lots, allowing vehicles smooth transition from the road to the parking area.
These lots will remain gravel. They propose a new 5' wide sidewalk along W. 7tn
Street in addition to a proposed right-of-way dedication along the same route. The
parking area to the east will also being improved will a new concrete apron and a
proposed `timber barricade' between the lot and the roadway. The east parking
area improvements also call for a right-of-way closure. Any ROW closure or
dedication will be heard separately by the City of Little Rock Board of Directors.
Staff supports the proposed PD-C rezoning. Staff believes the request is
reasonable. The property will be used and operated in the same manner as it has
for several decades, and any improvement to the sight will be a positive for the
surrounding neighborhood.
STAFF RECOMMENDATION:
Staff recommends approval of the requested PD-C zoning, subject to compliance
with the comments and conditions outlined in paragraph D and E, and the staff
analysis, of the agenda staff report.
PLANNING COMMISSION ACTION: (MARCH 9, 2023)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the "staff
recommendation" above. The item remained on the consent agenda for approval as
recommended by staff, including all staff comments and conditions. The vote was 9 ayes,
0 nays, 1 absent and 1 abstain (Brown).
E:3